AUGUSTA (WGME) – A man accused of trying to kill a Kennebec County law officer was found not guilty Wednesday.
Defense lawyers say there was no physical evidence that Scott Bubar fired a gun the night of the shooting, let alone fired at a cop.
"I can't tell who shot who or who did what,” defense attorney Lisa Whittier said. “It's just not clear."
Instead, Bubar's lawyers say it was his father, Roger Bubar, who fired a shotgun and a pistol at Sheriff's Sergeant Jacob Pierce.
Pierce returned fire, killing Roger Bubar and wounding Scott Bubar.
"Roger, the father, his DNA was on both weapons and his blood was on the shotgun, which was under his body,” Deputy District Attorney Paul Cavanaugh said. “Scott's DNA was not found on either weapon."
Prosecutors admit this was mostly a circumstantial case.
"Nobody could see what happened inside," Cavanaugh said.
It was a case prosecutors say was based on what witnesses claim they heard inside Bubar's home, and a shotgun blast which they believe could not have been fired by Roger Bubar.
"If Roger's in the doorway, somebody else is shooting the gun some distance away,” Cavanaugh said. “Only two people in the building. If Roger is in the doorway gets shot in the leg, Scott must be shooting the shotgun."
But Judge Michaela Murphy ruled there was no physical or forensic evidence to back up that theory.
"That unraveled fairly quickly for them," defense attorney Scott Hess said.
In reaching a not guilty verdict, the judge says, "Scott Bubar's presence at the scene of the crime is not enough to convict him."
"We're disappointed by the judge's verdict," Cavanaugh said.
Had Scott Bubar been convicted, he could have gotten life.
"Literally his life, his freedom, has been up in the air and in jeopardy now for a year and a half," Hess said.
"It was very difficult for him, but it certainly ended well,” Whittier said. “Justice has been served."
Bubar's nearly year and a half ordeal is now over. His family kept his apartment and he'll move back to Brunswick.