PARIS — Duane Christopher Waterman, 33, of Sumner was sentenced to two concurrent life sentences Thursday for the murders of two men at a home in West Paris last summer in a dispute over drugs and money.

He was also ordered to pay $8,594.20 to cover the funeral expenses of his victims: Timothy Mayberry, 50, of West Paris and Todd Smith, 43, of Paris.

Defense lawyer John Jenness Jr. of Paris said he would appeal the sentences, the maximum allowed by law. He had recommended concurrent 40-year prison
terms.

An Oxford County Superior Court jury convicted Waterman last month of the July 25, 2008, shooting deaths at Mayberry’s home on Tuelltown Road. Waterman said at trial that he owed Mayberry $1,500 for OxyContin pills Mayberry had given Waterman to sell but he instead ingested.

Before handing down the sentence, Justice Roland Cole said the matter had given him a new appreciation of
the consequences of drug abuse.

“This trial is certainly an eye-opener in regards to that,” Cole
said. “And it’s very unfortunate that there are people dead today, in
my view because of their involvement with illegal drugs.”

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He noted that Waterman was
employed and providing for his family prior to becoming disabled and
addicted to painkillers.

Assistant Attorney General Andrew Benson said at trial that Waterman had bought a .380-caliber handgun shortly before the shootings. The weapon was never recovered, but police determined that the casings at the scene were fired from the handgun that Waterman purchased, and they found .380-caliber bullets of the same manufacture in Waterman’s house.


On Thursday, the prosecutor argued for a life sentence because Mayberry’s murder was premeditated and because he formed the intent to cause multiple deaths when he found Smith was at the house. Benson said Waterman was angry and threatening toward Mayberry in a call to Waterman’s wife the evening of July 25, shortly before the murders were believed to have occurred.


“There can be absolutely no doubt that later that evening, sometime shortly before 10 o’clock, Chris Waterman went to Tim Mayberry’s home for the sole and express purpose of executing Tim Mayberry,” Benson said.

At trial, Waterman denied killing the men and said he was fishing with his children that night.

Betty Stanley, Waterman’s grandmother, told the court Thursday, “He did not kill his
best friend. He has told you where he was that night. His son has told
you where he was that night.”

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Darleen Waterman, in a letter to the court, said she felt
the jury was biased against her son due to his involvement in the drug
trade. “There is no forensic evidence placing him at the scene,” she said.

Relatives of the victims also spoke.

Mayberry’s niece, Roxanne Weymouth, told the court, “Tim had a much softer, more caring side than anyone in here has heard.”

Smith’s mother, Elaine Smith, said, “He was, and always will be, a hero. He was just being a friend. He was thinking about someone else instead of himself.

Ashly Rolfe, Smith’s daughter, said she was satisfied with the sentence. “I’m really glad. He got what he deserved,” she said.

“It’s just brought some closure and peace,” said Dianna Parmeter, Mayberry’s sister. “But nothing’s going to bring Tim and Todd back.”

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mlangeveld@sunjournal.com

Duane Christopher Waterman of Sumner is led into Oxford County Superior Court on Thursday morning. He was given two concurrent life sentences for the murders of Timothy Mayberry and Todd Smith last year.

Duane Christopher Waterman listens to Assistant Attorney General Andrew Benson argue for a life sentence in Oxford County Superior Court on Thursday morning. Waterman sat motionless with his eyes closed and showed no emotion when Justice Roland Cole handed down two concurrent life sentences.

Roxanne Weymouth, the neice of Timothy Mayberry, wipes away tears as she addresses the court during the sentencing of Duane Christopher Waterman, convicted of killing Mayberry last year at his home in West Paris.

Defense attorney John Jenness Jr. addresses Justice Roland Cole during Duane Christopher Waterman’s sentencing Thursday morning in Oxford County Superior Court. 

Assistant Attorney General Andrew Benson asks Justice Roland Cole to give Duane Christopher Waterman a life sentence for each of the murders of Timothy Mayberry and Todd Smith. Waterman’s sentencing was held in Oxford Superior Court in Paris on Thursday morning.

Justice Roland Cole handed down two concurrent life sentences Thursday to Duane Christopher Waterman for the murders of Timothy Mayberry and Todd Smith last year in West Paris.


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