The York County District Attorney’s Office is reviewing whether to file charges against two men accused by a woman of firing their guns too close to her home while hunting deer in Old Orchard Beach.

The Maine Warden Service, which initially investigated the matter, turned the case over to prosecutors to decide whether charges are warranted, Deputy District Attorney Justina McGettigan confirmed.

Maine Warden Service Cpl. John MacDonald initially said on the day after the Nov. 20 gunfire that his office would decide within days whether to issue charges.

McGettigan, who is now overseeing the case, said only that it is “under review.”

She declined to say whether her office would present the case to the next grand jury that convenes at the beginning of January.

The homeowner, Toni Macquinn, said she was taking her two dogs out in the backyard of her home off Cascade Road that morning when she heard three gunshots, including one that whizzed past her leg.

She saw two men in the field across from her house who were hunting. The shots left bullet holes in Macquinn’s fence.

Police responded to her 911 call, followed by Maine game wardens. Wardens are called in to investigate all hunting-related incidents.

The two hunters, identified as Kenneth Blow, a recently elected Old Orchard Beach town councilor, and Tim Swenson, a local developer, were detained, questioned and released.

It’s against state law for a hunter to fire within 100 yards of a home, a law adopted 25 years ago after a high-profile incident in which a Hermon woman was killed in her backyard by a shot fired by a hunter.

MacDonald said last month that game wardens took statements from Macquinn, Blow, Swenson and other witnesses, whom he declined to identify.

He also declined to say whether the hunters were using shotguns or rifles.

MacDonald said he believes that the town of Old Orchard Beach prohibits the use of rifles for hunting.

Deer hunting season began for Maine residents on Nov. 2 and ended Nov. 30.

Scott Dolan can be reached at 791-6304 or at:

[email protected]

Twitter: @scottddolan

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