PARIS — The sentencing of a Sumner man convicted last month in a double homicide in West Paris last summer has been delayed because the presiding judge fell ill.

Duane Christopher Waterman, 33, of Sumner was scheduled to be sentenced Friday for the murders of Timothy Mayberry, 50, of West Paris and Todd Smith, 43, of Paris at Mayberry’s house on July 25, 2008.

But Justice Roland Cole, who is assigned to hear all matters related to the case, was unable to attend the sentencing after being hospitalized, said Oxford County Superior Court clerk Donna Howe. A new sentencing date was not set.

During Waterman’s trial, Assistant Attorney General Andrew Benson argued that Waterman was growing increasingly angry with Mayberry over Mayberry’s insistence that Waterman repay a debt he incurred in a botched sale of OxyContin. Benson said Waterman owned a .380-caliber handgun consistent with shell casings found at Mayberry’s home.

Waterman said he was fishing with his children on the evening of July 25 and sold the gun to Mayberry prior to the shootings. He said he went to check on Mayberry the next day but left after seeing blood stains in the house.

Benson is seeking two concurrent life sentences for Waterman. Defense attorney John Jenness had not filed a sentencing recommendation. However, he has asked that Waterman be acquitted on the basis that the jury should have had a reasonable doubt as to his guilt or a new trial on the basis of insufficient evidence.

mlangeveld@sunjournal.com

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