State witness granted immunity as Rochester man's murder trial nears

Justin Belanger, left, stands accused in the shooting death of Bill Jo Ahearn (Belanger, police mugshot; Ahean, courtesy)

ROCHESTER - The case against a Rochester man accused in the 2019 shooting death of a city transient may have been bolstered last week after a judge agreed to grant a state's witness immunity for testimony at next month's trial.

Assistant Attorney General Peter Hinckley, who did not reveal the witness's name on Friday, said the final pretrial conference is now set for Aug. 25, with jury selection on Sept. 13. He noted there are several trials expected to begin that week, so with multiple jury pools that need to be selected, it's not clear what day opening statements would get under way.

Justin Belanger, 21, of Lafayette Street, stands charged in the death of Billy Joe Ahearn, 24, who died on June 6, 2019, a short time after a midnight shooting near the former Friendly's restaurant on South Main Street.

The trial had originally been scheduled for September 2020, but pandemic protocols prevented its moving forward until now.

A police affidavit suggests that Belanger may have been aiming at someone else, and not the 24-year-old 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 on June 5, 2019, when Ahearn 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. Once on scene, they witnessed the suspect, Justin 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 also charged with falsifying physical evidence for allegedly getting rid of the murder weapon.

Ahearn, originally from Raymond, had been living in Rochester prior to her death.

Belanger remains held at Strafford County Jail on no bail. He faces a maximum life sentence if convicted.