A Benton woman’s confession that she shot a man she was in a relationship with may be tossed out of court because the sheriff’s deputy did not properly notify her of her rights when she was arrested.

Hailie Hotham, 21, is charged with attempted murder, domestic violence elevated aggravated assault, and domestic violence aggravated assault for allegedly shooting and injuring Izeck Spaulding, 19, of Benton, at her Benton home Aug. 8, 2025.

Hotham told Kennebec County Sheriff’s Deputy Chad Webster that Spaulding insulted her while they were arguing, and she shot him with a Glock 9 mm semi-automatic pistol.

Hotham, through her Augusta attorney Walter McKee, seeks to have her confession to Webster thrown out because Webster did not read Hotham her Miranda rights. Police generally read Miranda rights to suspects when they are arrested, to advise them of their rights, which include having an attorney and being able to remain silent rather than incriminate oneself.

On the stand at Capital Judicial Center on Wednesday, Webster acknowledged he did not read Hotham her Miranda rights before she confessed in a 15- to 20-minute conversation they had at his cruiser after the shooting.

He also acknowledged that Hotham was emotional at the time of their talk, and was extremely intoxicated on alcohol and cocaine, following what she described to Webster as a several dayslong “bender” together with Spaulding.

Hotham threw up in his police cruiser after she talked with Webster, apologizing to him afterward, Webster testified Wednesday.

McKee argued Hotham not being read her Miranda rights means her confession to the deputy can’t be directly used at trial.

Prosecutor Jake Demosthenes, an assistant district attorney in Kennebec County, argued the state could still use her confession at her trial if Hotham takes the stand to testify, to cross-examine her and impeach her testimony.

Demosthenes argued Hotham’s confession was offered by her voluntarily, which would allow it to be used in court to help impeach her testimony, if it conflicts with what she said in her confession. He said Hotham knew what she was saying that night, knew she was speaking to a law enforcement officer, was able to give detailed descriptions from the entire day prior, and there were no promises or threats made to get her to confess.

“She was remorseful, she understood exactly what was going on,” Demosthenes said. “When this court looks at the totality of factors, this was a voluntary confession.”

McKee described the circumstances of Hotham’s confession to be “as involuntary as they come.” He said Hotham was heavily intoxicated, half-clothed on a cold morning, was immediately placed in handcuffs when police arrived even though she was unarmed at the time, and was described by police as the suspect and in custody over the emergency radio.

“How intoxicated was she? She vomited in the cruiser, and had to be taken to the hospital because of her level of intoxication,” McKee said. “When you combine that with, she’s also emotional, crying, sobbing throughout the entire period of time, this is not somebody giving voluntary statements.”

Superior Court Justice Daniel Mitchell will rule on whether Hotham’s confession was voluntary, and thus whether it could be used in court at all, after lawyers for both sides submit their arguments in writing.

Spaulding was taken to Thayer Center for Health in Waterville, then taken by LifeFlight of Maine to Maine Medical Center in Portland where he underwent surgery.

The attempted murder and domestic violence elevated aggravated assault charges are Class A crimes, punishable by up to 30 years in prison.

Hotham pleaded not guilty to the charges last December.

Webster said Hotham told him Spaulding had been staying at her house and, the day before the shooting, they’d gone to Skowhegan State Fair, with Hotham’s younger sister. Hotham and Spaulding, Webster said, had some drinks and used some drugs when they got back to the house, and Spaulding insulted her repeatedly, which made Hotham angry, especially since he did so in front of her younger sister.

Hotham told police she tried to reach some of Spaulding’s friends for help getting him out of the house, including one friend who said if she or police tried to remove Spaulding he would become violent.

Hotham and her younger sister left the home and called a friend, whom she said had helped resolve a similar incident two days earlier. The friend came over and convinced Spaulding to leave.

But when Spaulding tried to leave, police allege, he continued to insult Hotham and she shot him.

Hotham helped render aid to Spaulding while they waited for an ambulance to arrive, an affidavit filed by Webster stated. The incident was reported around 3 a.m.