County attorney upset over Levesque trial, wanted attempted murder conviction

Jason Levesque explains the sequence of events on April 4 while reviewing surveillance video. (CourtTV screen capture)

DOVER - The Strafford County Attorney expressed dismay on Thursday that the Rochester man who pumped six bullets into an unarmed neighbor during an April snow plowing dispute was not found guilty of attempted murder.
Exactly a week ago today, the 12-member jury found Jason Levesque, 45, guilty of first-degree assault, which calls for a maximum sentence of 15 years. An attempted murder conviction could've delivered a life sentence.
"I'm disappointed the jury did not come back with an attempted murder charge," County Attorney Emily Garod told The Rochester voice. "I think Assistant County Attorney (Joachim) Barth did a great job prosecuting the case."

Strafford County Attorney Emily Garod (Courtesy photo)

It took less than a day for the 12-member jury to deliver its verdict after Levesque's March 20 testimony explaining that he blacked out after shooting the first shot.
Under questioning from defense attorney Mark Sisti, Levesque testified that exhaustion from being up plowing snow for 38 hours and his fear that the man he shot, Kyle Violette, was going to harm his family, led him to shoot his neighbor, with whom he shared a Summer Street duplex.
He told the jury he blacked out after he fired the first shot from his Glock handgun and didn't remember the additional five bullets he fired into Violette's back as he lay on the ground with blood spewing from his throat where the first bullet struck.
Under cross-examination from Barth, Levesque testified over and over that his answers during the initial police interview were also vastly different than what several surveillance videos depicted. Levesque told Barth that was because he was tired from working two days straight and emotionally distraught over the shooting.
"You said Kyle Violette was angry when you brought out your gun. And that he quickened his pace toward you," Barth said. "You said you could see he was trying to attack you by the look in his eye."
"That what I remembered at that time," Levesque said.
"But the videos show that was not true," Barth replied. "That was a lie what you told police."
"No, that was me not remembering," Levesque testified. "Again I was extremely tired, I was doing my best to help him (the detective)."
A few moments later Barth continued his questioning.
"You said he kept coming at you after he was shot the first time," he said. "You said he kept coming at you, so you unloaded your gun. But the video shows he was not a threat because he was on the ground crawling toward his porch with a bullet in his head."
Levesque repeated the same explanation, saying he was tired when he was talking to police on April 4.
Violette suffered six bullet wounds, including one to his mouth and five more to his torso. He spent more than a month in intensive care at a Boston hospital and has undergone several surgeries since.
The incident began when Violette confronted Levesque while he was plowing his driveway during a snowstorm on April 4 of last year.
Violette told Levesque that if he plowed snow on his driveway he would kill him and his family.
Sisti's office said today he would be unavailable till Tuesday.
A bail hearing is set for next Friday, exactly one year after the shooting occurred. For now Levesque remains held at the Strafford County House of Corrections.