PORTLAND – A bail hearing has been set for Thursday for a Windham man charged with manslaughter.
Joseph Green, 44, is charged in the shooting death of David Harmon, whom authorities say had sneaked onto Green’s property to steal marijuana plants on Aug. 31.
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Prosecutors had sought a murder indictment against Green, but a grand jury at Cumberland County Superior Court decided there was probable cause to charge Green with the lesser crime of manslaughter. He has been in jail since his arrest Sept. 7.
Green’s friends and family members say the manslaughter charge is unwarranted, and that Green had the right to use a firearm in defense of his property. They have created a Facebook page and have raised $13,000 toward Green’s bail, which is set at $25,000 cash or $50,000 property bond.
Several of the supporters plan to attend this week’s bail hearing, with the hope that Justice Roland Cole will lower the bail amount and allow Green to go free while he awaits trial.
“Joe was responsible enough to try to defend himself in his own home, and that has been overlooked,” said Melissa Bailey of Windham, a longtime friend of Green and an organizer of the Facebook site “Let Joe Green Go.”
“You can’t come to somebody’s home in a threatening manner and have it be OK,” Bailey said. “If you are not safe in your own home, then where are you safe?”
Bailey said about 10 donors, ranging from Green’s mother to an anonymous person, have contributed to the $13,000 raised for the bail. She said Green has been spending his time at the Cumberland County Jail reading the Bible and trying to stay positive.
Jon Gale, Green’s lawyer, declined to comment about the motion to amend bail. He said he is focused on Green’s defense and is not involved in the Facebook effort.
“It is understandable that Joe would generate a great deal of support in the community,” Gale said. “However, it is a complicated case. Members of the community may have opinions on what may or may not have happened. As his lawyer, I won’t comment on the nature of the state’s evidence, period.”
The prosecutor, Assistant Attorney General Lisa Marchese, also declined to comment on details of the case. She said she will oppose any reduction in the bail amount.
“The bail that is presently set is appropriate for someone who is charged with manslaughter,” Marchese said.
The case will not likely be ready for trial until September, she said.
According to court documents, Green told detectives that he shot at silhouettes among the pot plants growing on his property. He said he later discovered the body of Harmon, 40, on his land and dragged it some distance away from his home at 38 Roosevelt Trail.
Green also said the shooting happened just one day after he shot at people who were trying to steal his marijuana plants.
A grand jury indicted Green on charges of manslaughter, reckless conduct with a weapon, possession of a firearm by a felon and aggravated cultivation of marijuana. Under Maine law, a conviction for manslaughter is punishable by a maximum prison term of 30 years.
Staff writer Trevor Maxwell can be contacted at 791-6451 or at:
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