WARREN, Maine — A day shy of the one-year anniversary of an altercation between the then-chairman of the Warren Board of Selectmen and the public works supervisor, the district attorney said no criminal charges would be filed.
District Attorney Geoffrey Rushlau announced in a news release Wednesday evening that a decision was made not to file charges.
Rushlau said he does not believe the state could have proved beyond a reasonable doubt that either man was not acting in self-defense. He pointed out that the only two people who witnessed the altercation were Michael York, who was chairman of the board on Nov. 5, 2014, and public works supervisor Douglas Gammon.
“Under these circumstances, prosecution is not appropriate,” Rushlau stated.
He said both men claim the other was the aggressor. The two also disagreed on exactly where the altercation occurred. Gammon had maintained that it had occurred on his property.
The issue of where the incident occurred is crucial if the state were to try to prosecute York for criminal trespass or to determine if Gammon was justified in using force to end a trespass.
The prosecutor praised Knox County Sheriff’s Office Deputy Jeremy Joslyn for his investigation. Rushlau said the case was important not just to the two men but to the residents of Warren.
York sought re-election last March but was defeated by a write-in campaign by Wes Richardson.
Gammon filed a notice of claim with the town last year, seeking damages of more than $150,000. He claims that York came on his property, refused to leave and then punched him. The public works supervisor suffered a torn ligament and tendon damage to his thumb, according to the notice.
York’s attorney, Christopher MacLean, said last year that Gammon punched York in the face without provocation and that his client would be cleared when the investigation was completed.
Gammon said last year that the incident involved a town public works vehicle that had broken down and was parked on a turnaround next to his property on Tolman Road in Warren.
Gammon said Selectman Ed LaFlamme came to his home to ask why the town truck was parked where it was on Nov. 5. He would not say anything more about his discussion with LaFlamme other than that he asked the selectman to leave his property and LaFlamme did.
Shortly afterward, however, York also showed up at Gammon’s home to ask about the vehicle, Gammon said. Again, Gammon would not elaborate on the discussion that occurred between him and York, but he said York struck him before leaving.