One of the suspects in the death of a Waldoboro man appeared in court Thursday, but his attorney says there is conflicting information about what might have led to the man’s death.
Jason Hewett, 39, of Farmingdale, is charged with manslaughter in connection with the death of Kyle MacDougall, 45, of Waldoboro. He attended his initial hearing Thursday morning before a Superior Court justice via Zoom from Knox County Jail.
According to Maine law, manslaughter means someone either recklessly caused a death, or knowingly caused a death, after being provoked under extreme anger or fear.
Hewett was arrested Tuesday after leading state police on a chase through the Augusta area, driving into a ditch to avoid spike mats and barricading himself in his vehicle for over four hours, according to authorities.
It’s unclear when or how MacDougall died. Court documents that would detail the reason for the arrests of both Hewett and another suspect have been sealed, but at Hewett’s initial appearance Thursday morning, attorneys revealed a little more information about the investigation.
His defense attorney, Andrew Wright, said two people who spoke to police gave conflicting accounts of how MacDougall died, one saying he was shot and one saying he committed suicide. Assistant Attorney General Robert Ellis said “statements from a few individuals discussing how (MacDougall) died indicate that this is at least a manslaughter case.”
“As of right now there is scant information as to what the allegations entail,” Wright said in an emailed statement Thursday. “Likewise, there is a significant concern regarding the conflicting statements in the affidavit, all of which will come to light as an aspect of this defense.”
Mark Gagne, 41, was also arrested last week on charges of abuse of a corpse and hindering apprehension in connection with an investigation into a death. He had an initial appearance and is being held on $100,000 bail.
Both Hewett and Gagne have lengthy criminal histories, according to background checks through the Maine Bureau of Investigation. Hewett has been in and out of jail over the last 20 years for charges that include drug trafficking, assault, forgery, burglary and driving under the influence with a suspended license.
When setting Hewett’s bail Thursday, attorneys referenced his criminal background.
Wright asked the judge to consider less than the proposed $250,000 bail based on the “weakness of the charge” and contradictory evidence in the “limited” court documents. He also said Hewett was treated unfairly by state police – after the four-hour standoff Tuesday, when his client “voluntarily” left the vehicle he was “kicked, shoved, elbowed and beaten,” Wright said.
“A Defendant is presumed innocent under our Constitution and should not be so beaten by police ‘capturing’ him as to be having difficulty standing or lying down the next day,” Wright said his statement.
Hewett was arrested on charges of domestic assault and eluding an officer and held at Kennebec County Jail, but Wright said he hasn’t had a hearing on those charges yet. He was brought to Knox County Jail, where he is currently being detained.
Justice Patrick Larson kept the bail at $250,000 and ordered that Hewett have no contact with four people connected to the case. He also ordered that Hewett abide by a house arrest at his home in Farmingdale if released.
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