AUGUSTA — The prosecutor wants Daniel L. Fortune to serve concurrent life sentences for his role in a machete attack at a Pittston home invasion that left a father and daughter with permanent injuries.
In a sentencing memorandum filed in Kennebec County District Court, Deputy District Attorney Alan Kelley requested Fortune receive the maximum penalty available for the crimes of aggravated attempted murder.
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Fortune, 22, of Augusta was convicted after a seven-day jury trial of 11 crimes, including the aggravated attempted murders of William Guerrette Jr. and his daughter, Nicole.
Fortune, formerly a top athlete in Gardiner, is scheduled to be sentenced in Augusta at 1 p.m. Thursday by Justice Michaela Murphy in Kennebec County Superior Court.
Fortune was convicted May 14 in Skowhegan of four counts of aggravated attempted murder — two involving premeditation and two involving extreme cruelty — in the machete attack on William Guerrette, then 48, and Nicole Guerrette, then 10. Each of those counts carries a maximum penalty of life in prison.
Kelley said he anticipates the judge will merge those counts into two, each naming one of the victims.
A life sentence in Maine means there is no hope for parole, Kelley said.
“Life means life,” he said Monday.
Fortune’s attorney, Pamela Ames, recommended a sentence of 35 years in prison, with all but 25 years suspended and seven years’ probation.
“…Although legally responsible for the criminal conduct, Daniel Fortune is asking this sentencing court to reduce the period of incarceration based upon his actual participation in the criminal activity as an accomplice,” Ames wrote in her sentencing memorandum.
The jury also convicted Fortune of one count of attempted murder involving the three other Guerrette family members who were asleep when the home invasion occurred.
Melanie Guerrette — who is William Guerrette’s wife and Nicole’s mother — fled from a bathroom window and sought help at a neighbor’s house. Ryan Guerrette ran outside and hid in the pool area. Ashley Guerrette took refuge under her bed and called police on her cell phone.
Fortune also was convicted of two counts of aggravated elevated assault and one count each of robbery burglary, conspiracy to commit robbery and violating condition of bail.
He also is to be sentenced for stealing a safe containing more than $100,000 worth of property from the Guerrette home on Nov. 17, 2007, a crime that prosecutors said led to the home invasion.
Fortune’s co-defendant in the home invasion — his former foster brother and roommate, Leo R. Hylton, 20 — pleaded guilty to attempted murder and other charges related to the home invasion and was sentenced Feb. 26 to 90 years in prison, with all but 50 years suspended and 15 years’ probation.
Fortune testified in his own defense at the trial. He admitted being at the Guerrette home during the home invasion but said Hylton swung the machete that injured the father and daughter.
Betty Adams — 621-5631
badams@centralmaine.com
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