Lawyers for a Norridgewock man charged in the murder of his girlfriend’s son one year ago are demanding prosecutors hand over evidence they hope might help their self-defense argument.

Meanwhile, Daniel Markey, accused of shooting and killing Christopher Nickerson, filed a civil lawsuit this week against Nickerson’s mother, Kathleen Nickerson. Markey, representing himself in the civil case, alleges she contributed to starting the deadly scuffle between Markey and her son and is seeking to make her pay for Markey’s subsequent medical expenses.

Markey’s attorneys in the criminal case, Connor Herrold and Stephen Smith of Steve Smith Trial Lawyers in Augusta, were successful Wednesday in getting a court order to examine data on Christopher Nickerson’s cellphone.

In a brief videoconference, Superior Court Justice Daniel Mitchell said he would order authorities to make the cellphone available for inspection and analysis. Mitchell left it up to Herrold and Assistant Attorney General Jennifer Ackerman to hash out the details and figure out what specific data Markey’s attorneys will be able to access; he will review their compromise and weigh in, if necessary.

Herrold argued Wednesday that communications data from the phone might help better establish a timeline of events around the March 1, 2025, killing. That data would be “highly relevant and admissible for a self-defense claim” at trial, Herrold wrote.

Ackerman, the prosecutor, called the effort “really just a fishing expedition to try and find some dirt on the victim in the case.”

She said the attorney general’s office, which prosecutes all homicides in Maine, had not requested a search warrant for the phone’s data because prosecutors did not think there was probable cause they would find any relevant information.

Ackerman also objected to a separate request from Herrold to get Christopher Nickerson’s unredacted criminal history. Herrold’s request indicated that information may also support Markey’s self-defense claim. 

Mitchell said he would need to set another date to sort out that issue.

Mitchell has also yet to act on a request by Markey’s attorneys to suppress his statements to police investigators and other related physical evidence. They claim police violated Markey’s constitutional rights during their questioning.

A hearing on that issue has yet to be scheduled, and prosecutors have not responded to the filing. Mitchell suggested Wednesday scheduling the hearing in April.

The case is tentatively scheduled for trial in August, records show. 

Markey, who has been held at the Somerset County Jail in Madison without bail, pleaded not guilty to one count of intentional or knowing murder in May.

A grand jury indictment alleges Markey, now 60, shot and killed Christopher Nickerson, 39, with a Smith & Wesson .357 Magnum revolver. Authorities believe the shooting took place at Markey’s home on River Road in Norridgewock, according to court records.

Police affidavits say that Kathleen Nickerson told detectives her son and Markey had a verbal and physical scuffle before the alleged shooting.

Kathleen Nickerson told detectives that Markey left for a period of time after the fight and then returned. When he did, she saw Christopher Nickerson put up his hands and she heard four or five gunshots before he fell to the ground, the affidavits say. She then called 911.

Investigators believe Markey drove a pickup truck to the Skowhegan municipal building at 225 Water St., where the town’s police department used to be located. Markey turned himself in to a Somerset County sheriff’s deputy.

Markey told police he feared for his life as Christopher Nickerson charged at him, which led him to shoot, according to the affidavits. 

Investigators believe Christopher Nickerson was shot four times. A reconstruction suggested that the last shot struck him while he was lying on his back.

Investigators also obtained Markey’s medical records from the day of the shooting and noted he suffered no serious injuries.

Markey’s recent civil lawsuit — handwritten and mailed from the jail to the Somerset County Superior Court in Skowhegan — claims he did suffer injuries that day in a dispute with Christopher Nickerson.

Markey accused Kathleen Nickerson, who at the time of his arrest was described as his girlfriend, of starting a verbal conflict between Markey and her son and not helping Markey during alleged physical assaults. He claims Kathleen Nickerson put Markey in harm’s way by allowing Christopher Nickerson to live at the River Road property, which she and Markey jointly own.

Markey is demanding Kathleen Nickerson pay $150,000 for his medical expenses and other damages. The complaint references medical bills totaling about $7,000.

Court records indicate the lawsuit had not been served as of Wednesday morning.

In October, Mitchell ordered Markey to have no contact with Kathleen Nickerson and two of her family members, at prosecutors’ request. Markey appeared to be trying to influence Kathleen Nickerson, believed to be the only eyewitness to the killing, Ackerman said at a November bail hearing.