Augusta, Maine



From Augusta's Kennebec Journal of June 25, 2004

Jury acquits man in shooting



A jury on Thursday cleared a Hallowell man of criminal charges in the shooting of his drinking buddy a year and a half ago.



Donald Hipkins, 36, was charged with elevated aggravated assault and criminal mischief for shooting David Storkson late on Jan. 11, 2003, in Hipkins' mobile home.



Hipkins maintained he shot Storkson in self-defense after Storkson left and came back into the home after a scuffle between the two men. Hipkins said he feared for his life.



The jury deliberated an hour before finding Hipkins innocent of both charges.



"We were tremendously elated at the verdict," said Walter McKee, Hipkins' attorney. "In the end, there really were no winners because, unfortunately, Mr. Storkson got shot and, unfortunately, Mr. Hipkins had to face trial on a felony charge with a (potential) mandatory jail sentence of four years."



McKee argued that Hipkins was entitled to use deadly force to protect himself and his premises.



Hipkins and Storkson were friends until the night of the shooting, which occurred as Storkson, his girlfriend and her children were visiting the Hipkins family.



The adults were drinking and witness' accounts differed as to who started a scuffle between the two men that ended with Storkson astride Hipkins on the kitchen floor, placing his mouth over Hipkins' nose and threatening to bite it off.



Storkson then left the trailer and went outside to his pickup but returned when he said he couldn't find his keys.



Hipkins called 911 and was on the phone with a police dispatcher when he shot Storkson. The tape of the call, with the shot clearly audible, was played for the jury.