AUBURN — A judge is expected to hear arguments next month about whether a local man charged with murder in a shooting in the Walmart parking lot this month should be allowed bail.

Gage Dalphonse is led into Androscoggin County Superior Court by deputies in Auburn on Aug. 3. Daryn Slover/Sun Journal

Gage Dalphonse, 21, of 47 Crest Ave. is charged with intentional or knowing murder in the killing of Jean Fournier, 41, of Turner.

At the initial appearance of Dalphonse in Androscoggin County Superior Court on Aug. 2, a judge ordered that he be held without bail at the Androscoggin County Jail, pending a hearing.

At the scheduled Sept. 6 hearing, the judge also is expected to determine whether there is probable cause to charge Dalphonse with murder.

According to state law, in the case of a former capital offense, the judge may allow bail unless prosecutors are able to show there “is a substantial risk that the capital defendant will not appear at the time and place required or will otherwise pose a substantial risk to the integrity of the judicial process; there is a substantial risk that the capital defendant will pose a danger to another or to the community; or there is a substantial risk that the capital defendant will commit new criminal conduct.”

Witnesses said Fournier was shot twice in the back after the two argued.


Police said Dalphonse shot Fournier on July 27 outside the store on Mt. Auburn Avenue after they saw each other. Fournier was taken to a Lewiston hospital where he was pronounced dead.

Dalphonse was arrested and charged July 31.

According to court papers, a medical examiner determined that Fournier died from gunshot wounds by homicide.

Witnesses reported the two men argued in the parking lot and when Fournier turned to walk away, he was shot twice in the back. One witness reported that the chance encounter had escalated when Dalphonse insulted a woman who was with Fournier’s group at the store, and Fournier came to her defense, seeking to have Dalphonse apologize.

In a police affidavit, Dalphonse is said to have told police he was threatened by Fournier if Dalphonse didn’t apologize to his girlfriend for calling her a “whore.” He said he refused and tried to leave the parking lot in his car, but Fournier punched him in the lip through Dalphonse’s open window.

Dalphonse told police Fournier started to reach into his car, so Dalphonse reached for his handgun, which he carried in a holster at the front of his pants. He said he grabbed his gun and shot two rounds from his window at Fournier.

Police said Fournier was unarmed.

Some witnesses said they never saw Fournier strike Dalphonse. But Dalphonse’s friend in the passenger seat of his car told police that Fournier slapped Dalphonse, prompting Dalphonse to shoot Fournier.

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