Judge lowers bail for suspect in Waldoboro man's death

A judge in Maine has lowered the bail of a Farmingdale man who has maintained his innocence since police charged him with manslaughter last month.

Jason Hewett appears in Knox County Superior Court via Zoom for the first time. Screenshot of the Zoom hearing

Jason Hewett, 39, has denied shooting Kyle MacDougall, 45, of Waldoboro last month. Hewett is one of three men charged in connection with MacDougall's death in Cushing sometime around July 4.

After a hearing Monday in Knox County Superior Court, retired active-duty judge Jeffrey Hjelm agreed to reduce Hewett's bail from $250,000 to $200,000, far higher than the $25,000 requested by defense attorney Andrew Wright.

Wright questioned the prosecution's evidence, saying the police investigation included numerous conflicting statements from alleged eyewitnesses, some of whom could be alternative suspects. He also complained that prosecutors had failed to present other evidence in the Hewett case, including affidavits from the other two men accused.

The first person arrested, 41-year-old Mark Gagne of Cushing, was accused of covering up the crime by destroying and burning the body. John Flower, 39, of Rockland, was also arrested for allegedly hindering a law enforcement investigation, but how that happened is still unclear.

Hewett has denied the state's allegations and criticized the case, releasing a sealed arrest affidavit that contains conflicting accounts of MacDougall's death.

“I've definitely had my fair share of run-ins with the law, but I'm not a murderer,” Hewett told the Press Herald in a phone interview from Two Bridges Regional Jail on Aug. 12. “I'm not someone who kills people and burns the material. … I don't understand why some things are written or portrayed.”

The affidavit was still sealed on Monday.

Hjelm ignored most of Wright's complaints on Monday, repeating several times that he was only responsible for setting bail and that another judge – Chief Justice Patrick Larson – was handling the entire case and had scheduled a meeting on the evidentiary issue for early September.

“The court recognizes that the affidavit contains information that does not directly implicate the defendant in the alleged murder, but the incriminating material is sufficient to raise the concerns described here,” Hjelm wrote in his bail order.

In court on Monday, Assistant Attorney General Bud Ellis argued that Hewett poses a danger to the public and a flight risk, pointing not only to Hewett's alleged four-hour standoff with police and the chase in Augusta, but also to his long criminal history in Maine and the nature of the charges against him.

Ellis asked that Hewett's high bail be maintained because others claimed he shot MacDougall with a shotgun at close range.

Hjelm agreed.

“Although the information in the affidavit suggests that this was a situational incident, the lethality of the defendant's alleged conduct – particularly given his criminal record, which includes violent crimes – raises public safety issues,” Hjelm wrote.

Questioning the evidence

Wright said his client had been in jail for 40 days and knew nothing about his own case.

“Both the public and, in particular, my client have been kept in the dark about the allegations against him,” Wright said in an email. “This is incredibly unusual and more reminiscent of non-democratic countries where rights are significantly restricted. I fail to understand how the state's actions can be transparent, fair, justice-seeking or even legal.”

Wright said neither he nor his client had received any evidence related to the chase, although a Maine State Police spokesman said on July 16 that Hewett was arrested on eluding and domestic violence charges. (Neither of those charges were filed in Kennebec County, where Hewett was arrested, an official confirmed Monday.)

He also raised concerns about Hewett's treatment during the arrest.

Wright said Hewett voluntarily turned himself in to police after speaking with them from his car. While he was on the ground, Hewett was “surrounded” by police officers. At some point during the chase or arrest, he was hit by a rubber bullet – for which Hewett is still receiving medical treatment, according to Wright.

Hewett interrupted, saying he was “surrounded by civilian vehicles on a side road.” Hjelm told him not to speak.

“To this day – 40 days later – there is no explanation as to how he could have been lawfully detained in another county for two days without charges being filed,” Wright wrote.

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