ELLSWORTH, Maine — A Surry man has been acquitted of manslaughter and other charges but found guilty of reckless conduct in connection with a fatal May 2011 accident on Newbury Neck Road.
Steven Moon, 23, was accused of driving a 1997 Subaru Legacy wagon when it went off the road about 9:30 p.m. May 28, 2011, then rolled several times, police have said.
Caleb Foster, 27, of Stonington, died in the crash. He was one of three passengers in the car when the accident occurred.
Moon and two other people — his sister, Christina A. Moon, and Rafferty — were ejected from the vehicle but survived, despite suffering significant injuries, according to police. Foster was not ejected.
A jury reached the verdict Wednesday, a day after testimony in Moon’s trial got under way in Hancock County Unified Criminal Court in Ellsworth.
Hancock County District Attorney Matthew Foster — no relation to the victim — recused himself from the case because of his close friendship with Moon’s father and because he initially represented Moon in the case when he still was a defense attorney.
The case was prosecuted by Deputy Hancock County District Attorney Norman “Toff” Toffolon. Deputy Penobscot County District Attorney Mike Roberts was assigned to supervise Toffolon in the matter, in case any supervision was needed.
Foster confirmed Thursday that Moon had been acquitted of manslaughter, aggravated operating a motor vehicle under the influence of intoxicants and aggravated assault but convicted of reckless conduct. Foster declined further comment.
In a brief email sent Thursday to the Bangor Daily News, Toffolon said he was “disappointed” in the verdict but respected the jury’s decision.
“The state is pleased that the jury held Mr. Moon accountable for his reckless operation of a vehicle,” Toffolon wrote. “The jury listened to both sides attentively and considered its decision carefully.”
Moon’s defense attorney, Walter McKee, said Thursday there still are issues to be resolved in the case.
McKee said he argued the state did not have enough evidence to prove his client was the driver in the crash. The jury seems to have agreed with this argument in acquitting Moon on the manslaughter and other charges, he said, yet convicted Moon of reckless conduct with a dangerous weapon, which carries an assumption that he was the driver.
McKee said another charge, causing a death operating a motor vehicle after suspension, has been deferred and is still pending. He said he plans to talk with Toffolon to see whether an agreement might be reached on that charge but said his client may choose to appeal the reckless conduct conviction.
“We won the war, but now there are smaller battles to be fought,” McKee said. “Steven was finally relieved that after four years, there was a determination he did not commit manslaughter. The jury’s verdict suggests [the state] was not able to meet [its] burden of proof.”
