AUGUSTA — The second man accused in a home invasion in Pittston in November 2008 that left a father and daughter severely injured will go to trial in Skowhegan in May.

Daniel L. Fortune, 22, of Augusta is facing four charges of aggravated attempted murder, and one count each of attempted murder, robbery, burglary and conspiracy to commit robbery, in connection with a predawn attack at the home of Guerrette family.

William Guerrette and his daughter Nicole, then 10, each suffered head injuries, and William Guerrette lost a finger in the machete attack.

Fortune’s trial was moved from Kennebec County to Somerset County at the request of his attorney, Pamela Ames, who filed a change-of-venue request with the court several months ago.

Jury selection is set for May 4, with the trial scheduled May 6 through May 17, if necessary. The case has been assigned to Justice Michaela Murphy.

A co-defendant in the case, Fortune’s foster brother, Leo R. Hylton, 19, of Augusta, pleaded guilty to a number of charges related to the home invasion and was sentenced four weeks ago to 90 years in prison, with all but 50 years suspended and 15 years’ probation.

Fortune faces additional charges of theft that stem from an incident Nov. 17, 2007, also at the Guerrette home.

Fortune is accused of stealing a safe containing more than $100,000 worth of items, including $30,000 in $100 bills, and rare coins and historic bank notes printed between 1800 and 1920 in central Maine.

A co-defendant in that case, William Darrell Page, 21, of Augusta pleaded guilty and was sentenced to five years in jail with all but nine months suspended, three years’ probation, and was ordered to pay $111,000 restitution. He served his time and was arrested on drug charges in New York last month.

Fortune also is accused of violating a condition of release by failing to appear May 9, 2008, for a jury trial on the theft charge.

Ames said she has filed a motion to sever the charges, and a hearing is set at 1 p.m. Wednesday in Kennebec County Superior Court in Augusta.

Fortune wants “the theft charge tried separately, then the failure-to-appear tried separately, and then the home invasion tried separately,” Ames said.

She said she has had numerous conferences with Fortune at the Kennebec County jail, where he has been held since his arrest in May 2008.

District Attorney Evert Fowle said prosecutors will oppose the motion to sever.

“We think the theft charge and the other more serious charges are part and parcel of the same case,” Fowle said. “They directly relate to each other.”

 

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