The trial of the Damariscotta man who allegedly threatened his female neighbor with a rifle eight months ago ended with a hung jury Dec. 14.
James “Jim” O’Brien, 42, of Damariscotta, still faces a felony charge of criminal threatening and a misdemeanor charge of assault stemming from the April 18 incident at High Meadow Apartments.
The prosecutor, Assistant District Attorney Jonathan Liberman, said the case remains active and it is too early to say whether the state will pursue another trial.
The state’s case rests primarily on the testimony of the alleged victim, Liberman said. Her boyfriend and the investigating officers, Richard Alexander and Devin Polizzotti of the Damariscotta Police Department, also testified.
The state also entered the rifle into evidence, Liberman said, and the jury heard a recording of a 911 call made by O’Brien.
Liberman said the arguments of defense attorney Jonathan Hull included self-defense and defense of premises. O’Brien did not testify.
Hull did not respond to a request for comment.
According to the Maine Rules of Criminal Procedure, a jury must return a unanimous verdict in order to convict or acquit a defendant.