Christopher Austin, 45, was anticipated to stand trial in Androscoggin County Superior Court this week in a wrongful death problem submitted by the other half of Gerard Moms and dad, 49, also of Wales. Several witnesses and lawyers appeared in court Monday in spite of the last-minute postponement, court officials said.
Austin was sentenced in 2015 to 2 and a half years in jail for murder in the 2012 fatal hunting event.
He also was sentenced to seven years in prison on unassociated sexual assault charges.
On Friday, Austin filed for Chapter 7 security in United States Bankruptcy Court in Portland. At the very same time, his Lewiston trial lawyer, Scott Lynch, submitted with the Auburn court a notice that Austin had actually taken that action. Under the bankruptcy code, Lynch reminded the court, any other court case, consisting of a civil trial, is delayed.
A jury was selectedbadgered Aug. 5.
Austin informed authorities he believed he was contending a deer when he opened fire with a hunting rifle on Nov. 20, 2012.
Parent, who investigators say was obviously after the very same deer, died from a single gunshot to the chest.
The sexual attack charges were lodged while Austin was waiting for trial on the manslaughter charge. He pleaded guilty to charges in both cases and was sentenced at a hearing in Might 2015.
According to personal bankruptcy court documents, Austin estimated the overall of his property assets at $1,154; the overall of his liabilities, $9,261.13. He approximated his clothing to be worth approximately $50. He has $26 in a cooperative credit union account and $78 in his canteen account at the Maine State Jail in Warren, where he is serving his sentence.
Among his creditors, he listed Moms and dad and his estate, which submitted the lawsuit, his sexual assault victim, a student loan businesslender, his lawyer, a timeshare in Ellsworth and the Maine Criminal activity Victims Payment Program.
Austin works as a member of the outdoors premises crew at the jail and notes a month-to-month income of $50.
Although he had received Veterans Affairs special needs benefits totaling $466 monthly, those payments were suspended when he mosted likely to jail, according to court papers. He had worked as a roofer at Austin Endeavors in Wales for 16 years, ending in 2012.
Unlike a Chapter 13 filing, where a debtor means to restructure his financial obligation and repay a minimum of part of it, Chapter 7 personal bankruptcy is intendedtargeted at discharging most financial obligations.
A court clerk stated the civil trial could move forward only after the personal bankruptcy proceeding was dealt with.
Gerard Parents widow, Becky Ann Brown, submitted the civil problem versus Austin in Androscoggin County Superior Court.
She stated she couldnt hold a jobwork since of the turmoil causedbrought on by the loss of her spouse, whom she explained as hardworking, accountable, arranged to a fault and kind.
She composed in a sworn affidavit that she has been on medication and under the care of a medical professional due to the emotional toll her hubbies death has actually had on her health.
Brown protected a court-ordered attachment of $30,000 versus Austin, who rejected having property owners insurance, according to a sworn declaration by Browns lawyer filed in court papers.
Austin triggered Parents death recklessly or with criminal carelessness, according to an Androscoggin County grand jury indictment. Austin likewise had actually been accuseded of shooting his Remington 700, a.308-caliber rifle, within 100 yards of a structure or residential structure without the home owners consent.
According to the Maine Warden Service, Parent and Austin were contending the same deer in a partially woody area in between East Road and Path 126. According to detectives, both were hunting with rifles. An initial investigation exposed that Austin fired two shots and Moms and dad fired one. Austins 2nd shot struck Parent and killed him, according to law enforcement authorities.
The incident was reported at 4:19 pm on Nov. 20, 2012, soon prior to the end of the searching day.
Austin informed authorities he had actually spotted two deer a dollar and a doe walking near a home on Gardner Roadway. He parked his truck and pursued the deer on foot. He shot once at the dollar from the backyard of a home he thought was uninhabited, he stated. Austin stated he heard a gunshot and saw Moms and dad at the back entrance of an East Road house. Austin continued to track the deer and believed he saw the white tail of the deer and shot again. He saw his target drop. When he showed up at the website, he realized he had shot somebody, he informed wardens.
Austin stated he screamed for help and examined the shooting victims vital indicators. He flagged down a chauffeur on a close-by road and had him call 911. He moved Moms and dads body closer to the roadway and performed first help until emergency situation responders showed up, he stated.
Moms and dad had actually been using a blaze orange vest at the time he was shot, wardens said in court papers.
At an October 2014 hearing, Austins attorney, Scott Lynch, suggested his client must be permitted to have professionals affirm at his criminal trial, who would say that the shooting victim had a raised level of alcohol in his blood at the time of his death which he had actually negligently positioned himself in the direct line of fire.
Prosecutors countered with the argument that the legal concern had been on Austin to identify his target before shooting. Assistant AttorneyAttorney general of the United States John Alsop said statement from either witness would have been be deceptive and irrelevant.
A judge never ruled on the motion because Austin got inparticipated in a plea contract.