Accused Belfast shooter, charged with murder, denied bail in court Thursday evening

Thu, 08/29/2013 - 6:30pm

    BELFAST — A Waldo County Superior Court judge early Thursday evening denied bail for the Belfast man accused of murdering a 55-year-old mother and shooting her 21-year-old son late Wednesday night at their Waldo Avenue home.

    Todd Gilday, 44, a resident of Springbrook Drive, has been charged with intentional and knowing murder in the death of Lynn Marie Arsenault (aka Lynn Day) and elevated aggravated assault, for causing serious bodily injury to Mathew Day with the use of a firearm.

    Gilday made a brief appearance in court in Belfast before Judge Robert Murray at 5:30 p.m. Gilday was arrested in Rockport around 7:15 a.m., where he fled after the alleged shooting and checked himself into Pen Bay Medical Center for unspecified reasons.

    Assistant Attorney General Leanne Zainea requested a harnish hearing be scheduled and that Gilday be held without bail. Attorney Chris MacLean, representing Gilday as attorney of the day, said that Gilday did not object and the judge granted both requests. Murray ordered that Gilday be held pending the harnish hearing.

    According to state law: A Harnish bail proceeding must be held within five court days of the state's request unless the court, for good cause shown and at the request of either the defendant or the attorney for the state, grants a continuance. Evidence presented at a Harnish bail proceeding may include testimony, affidavits and other reliable hearsay evidence as permitted by the court. If, after the hearing, the court finds probable cause to believe that the defendant has committed a formerly capital offense, it shall issue an order under subsection 3. If, after the hearing, the court does not find probable cause to believe that the defendant's alleged criminal conduct was formerly a capital offense, it shall issue an order under section 1026 and may amend its bail order as provided under section 1026, subsection 3, paragraph C.

    According to the affidavit filed in court Thursday, police were called to 162 Waldo Ave. for reports of gunshots and screaming.

    When officers arrived, they were met at the door by a man who told them he was unarmed, that the shooter had fled and to hurry inside.

    The arriving officers said they saw the front door was open and there was a fist-sized hole in the glass of the door. They also reported seeing a male lying across a female on the floor in the kitchen area.

    "The male was alive with a serious injury to the arm and stomach," said the affidavit. "The female was obviously deceased with a gunshot wound to her left shoulder and chest area."

    The man at the home told police he had no idea why the shooter, who he said was Todd Gilday, shot them.

    The officers reported finding an unfired shotgun shell, described as a red 12-gauge #4 bird shot, on the kitchen floor.

    The man’s description of events, according to the court document, were that Gilday came to the door and was met by Mathew Day. The witness said the door opened partially before Mathew tried to close it, then the glass was blown out of the door and the door was kicked open.

    He said the male subject at the door proceeded to shoot Lynn Arsenault and then stated that he was going to "kill everyone in the f- - - ing house."

    The male then allegedly shot Mathew and left in an unknown direction.

    According to the affidavit, Deputy Chief Medical Examiner Dr. Mark Flomenbaum, of the state Medical Examiner's Office, performed an autopsy on Arsenault and determined the cause of death was due to blood loss due to a shotgun wound to the chest, with a perforation of the left lung.

    Following the shooting, police spent the overnight searching for Gilday. According to the affidavit, detectives learned at 7:15 a.m. Thursday that he had checked himself into Pen Bay Medical Center in Rockport. Officers from Rockport, Rockland and the Knox County Sheriff's Office were sent to the hospital, where Gilday's 2007 Nissan Altima was parked in the emergency department parking lot, and arrested him inside the facility without incident.

    The investigation also revealed that Arsenault, who used to go by the by the name Lynn Day, was divorced and remarried, and that she resides in Belfast with her son on the days she works in town at Bank of America.

    Related stories:

    Garland woman, son named as shooting victims in Belfast

    Belfast murder suspect located at Rockport hospital, arrested

    In Belfast overnight, woman killed, man injured, shooter on the loose


    Editorial Director Holly S. Edwards can be reached at hollyedwards@penbaypilot.com or 706-6655.