A Richmond man originally indicted on manslaughter charges in connection with the death of his father last February has been convicted of aggravated assault instead.
Kurt Malcolm Linton, 55, entered an Alford guilty plea to the class B felony charge, meaning that he did not agree with all aspects of the state’s evidence but understood he would be convicted if a jury believed it.
Justice Daniel Billings on Wednesday sentenced Linton to serve an initial year in jail, with the remainder of the eight-year term suspended while he spends three years on probation.
The plea was entered in late December 2017, and then continued until Wednesday for the sentencing. Linton had been indicted in April 2017 by a grand jury in Sagadahoc County on charges of manslaughter and aggravated assault, both of which named his 76-year old father, Malcolm Linton, as the victim; and a related charge of leaving the scene of an accident involving an attended vehicle, all dated “on or about Feb. 9. 2017.” The other charges, plus an additional one of violation of conditions of release, were dismissed in exchange for the plea.
Malcolm Linton died Feb. 22, 2017, at a hospital in Augusta.
David Paris, one of the attorneys representing Linton, said Friday that Linton opted to accept the state’s plea offer rather than go to trial.
“Mr. Linton understood the effect it would have of putting his family through a trial, especially his mother.” Paris said. He noted that a manslaughter conviction is punishable by up to 30 years in prison.
“Ultimately Mr. Linton received a very favorable outcome,” Paris said, referring to the one year of incarceration.
Paris also said that while Malcolm Linton “may have gone to the hospital as a result of (Kurt) Linton’s actions to some extent, he died of pneumonia, which was contracted at the hospital.”
Maine’s chief medical examiner, Dr. Mark Flomenbaum, who did an autopsy of Malcolm Linton’s body, ruled the cause of death “multiple complications following blunt impact of head,” according to an affidavit by Maine State Police Detective Joshua Birmingham, which was filed in Sagadahoc County Superior Court.
The affidavit indicates that Richmond police went to Malcolm Linton’s home at 4:30 p.m. Feb. 9, 2017, after Sharon Linton — the victim’s wife — called to report that her son had been fighting with his father and that the son had left in her vehicle.
Police found Malcolm Linton suffering from trauma to the left side of his face.
Linton later told police “he punched Malcolm defending himself.” Other information indicated Linton most recently had been drinking four 24-ounce beers.
A separate affidavit by another officer said that while Kurt Linton was driving his mother’s vehicle, he “rear-ended a pickup truck, causing the airbags to go off in the vehicle, but Kurt continued to his residence.”
Kurt Linton had been staying with his parents for most of the winter, but also had separate quarters on another Brunswick Avenue property also owned by his parents.
Linton did not address the family or the judge at the sentencing hearing, Paris said.
Conditions of probation prohibit Linton from contact with his mother and a number of other family members. He is also barred from using or possessing alcohol, illegal drugs and firearms and was ordered to undergo counseling.
Paris said Linton has about six months’ pretrial credit toward the initial year of incarceration. Linton had been free on bail.
He is now at the Maine Correctional Center in Windham.
Betty Adams — 621-5631
Twitter: @betadams
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