AUGUSTA – A prosecutor wants Daniel L. Fortune to serve concurrent life sentences in prison for his role in a machete attack at a home in Pittston that left a father and daughter with permanent injuries.

In a sentencing memorandum filed in Kennebec County District Court, Deputy District Attorney Alan Kelley requests that Fortune receive the maximum penalty for aggravated attempted murder.

A life sentence in Maine means there is no hope for parole, Kelley said.

Fortune, 22, of Augusta, was convicted May 14 of 11 crimes including aggravated attempted murder of William Guerrette Jr. and his daughter Nicole.

Fortune, who once was a top athlete in Gardiner, is scheduled to be sentenced by Justice Michaela Murphy at 1 p.m. Thursday in Kennebec County Superior Court.

Fortune’s attorney, Pamela Ames, recommended a sentence of 35 years in prison, with all but 25 years suspended and seven years’ probation.

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“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.

Fortune’s convictions include 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 count 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.

The jury also convicted Fortune of one count of attempted murder involving the three other Guerrette family members who were asleep when their home was invaded.

Melanie Guerrette — William Guerrette’s wife and Nicole’s mother — fled through 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.

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 May 28, 2008, and was sentenced on Feb. 26 to serve 50 years in prison.

Fortune testified in his own defense in his trial. He admitted being at the Guerrettes’ home during the home invasion but said Hylton swung the machete that badly injured the father and daughter.

 


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