Belanger trial witness said to be paralyzed in accident, may not be able to testify

Justin Belanger, now 21, and Billy Joe Ahearn (Belanger, police mugshot; Ahearn, courtesy)

ROCHESTER - As the murder trial for a Rochester man accused in the 2019 shooting death of a city transient slogs toward a September trial, a potential witness for the state may not even be able to testify.

During a telephonic hearing on Monday Senior Assistant Attorney General Peter Hinckley said he has been unable to speak with the witness, who was severely injured after being run over by a truck last year.

Meanwhile, Justin Belanger, 21, the man accused in the death of Billy Joe Ahearn, 24, remains held at Strafford County Jail, charged with second degree murder.

Hinckley said the witness, who was not identified during Tuesday's hearing, is reportedly paralyzed from the waist down due to the accident.

"We have tried to get his medical status," Hinckley told the court. "It has been reported that he has safety concerns about coming to court."

Hinckley urged the court to provide contact information so that he can subpoena the witness in an attempt to get him to attend a July status conference where the court could question whether he could testify at the trial inperson or possibly remotely.

"The subpoena would be for him to explain his injuries, what might possibly prohibit him from physically coming to the courthouse," Hinckley said today.

Another new wrinkle in the upcoming trial is the state's request for a view of the scene with the jury, a scenario that had been rejected earlier due to COVID-19 protocols.

"The state would ask for a view, if the Strafford County Sheriff's Office thinks it is feasible security wise," Hinckley said. "As far as COVID, it appears like things have calmed down and that shouldn't be a problem. So the issue would be security, and that's up to the (Strafford County) Sheriff's Office."

Ahearn died on June 6, 2019, a short time after she was shot around midnight near the former Friendly's restaurant on South Main Street in Rochester.

A police affidavit suggests that Belanger, formerly of Lafayette Street, may have been aiming at someone else, and not Ahearn, formerly of Raymond.

The affidavit, partially redacted and filed by Rochester Detective Geoff Moore, sheds light on what may have happened shortly before midnight when she was fatally wounded.

According to the affidavit, Rochester Police responded to the corner of Waldron Avenue and Lafayette Street the day before the shooting for a report of shots fired where they witnessed the suspect, Belanger, then 19, of Rochester, arguing with a man Ahearn was with when she was shot.

"Justin Belanger, who was visibly upset, said words to him to the effect that he would 'catch' the identified adult male when the police were not around," the affidavit states.

The same man told police that as they passed by Belanger on South Main Street on June 5, he saw the suspect reach into his pocket, saw a flash and heard a gunshot just before Ahearn was shot.

The affidavit also indicates another man who was walking with Belanger on South Main at the time of the shooting told police he saw Belanger point his gun at the man walking with Ahearn.

When officers responded to the shooting they found three adults, including Ahearn, who had sustained a gunshot wound. She died early the next morning at a local hospital.

Belanger was indicted in June 2019, charged with two alternative counts of second-degree murder, one for knowingly causing the death of Ahearn by shooting her with a pistol, and the other for recklessly causing Ahearn's death by shooting her with a pistol. He is also charged with falsifying physical evidence for allegedly getting rid of the murder weapon.

Ahearn had been living in Rochester for a period of time prior to her death.

Belanger faces a maximum sentence of life if convicted. Jury selection begins on Sept. 13.