James Tiernan, 21, of Lebanon entered a not guilty plea to reckless or criminally negligent manslaughter at York County Superior Court Friday in connection with the Aug. 9 shooting death of his brother, Thomas. Prosecutors have said there are no indications Tiernan intended to shoot his brother.
James Tiernan is charged with reckless or criminally negligent manslaughter in the Aug. 9 shotgun death of his younger brother, 19-year-old Thomas Tiernan.
Tiernan made a brief appearance at York County Superior Court Friday morning, flanked by attorney John Webb and Massachusetts lawyer Robert Jubinville. District Court Judge Daniel Driscoll, sitting on the Superior Court bench, ordered bail to remain at $5,000.
Neither Assistant Attorney General Deborah Cashman or Tiernan’s defense counsel would discuss specifics of the case Friday, but in a January interview, Deputy Attorney General Lisa Marchese said there was nothing in James Tiernan’s behavior that suggested he intended to shoot his brother.
“There is nothing about (James’) behavior that suggests to us he intended to cause his brother’s death,” said Marchese.
In a brief interview following Tiernan’s court appearance, Jubinville said Thomas was James’ best friend.
“It was clearly an accident by everyone’s account, a tragic accident,” he said.
Jubinville…… said the situation is difficult for the family, and that they are suffering. Various family members and supporters attended the hearing.
A York County grand jury handed up the manslaughter indictment against Tiernan on Dec. 9. He turned himself in to authorities the following day, and was released on bail.
The indictment says only that James caused the death of Thomas with a Remington 870 Express 20- gauge shotgun.
“While it is a sad situation, it is a reminder that when people handle firearms, they need to be very, very sure about what they’re doing,” said Marchese in the January interview.
There were no charges filed in the case prior to its presentation to a grand jury. Marchese said one consideration of whether to make an immediate arrest in a case is if a suspect is a flight risk or a risk to a member of the public. In this case, she said, authorities had no reason to believe Tiernan presented either of those risks.
Thomas Tiernan was a 2014 graduate of Noble High School and had been attending the University of Southern Maine in Gorham, according to his obituary. Diagnosed with Asperger’s syndrome as a child, he was a strong advocate for those challenged with disabilities, his obituary noted.
Attorneys must file motions in the case by May 4. Then, said Webb, there will be a conversation with the prosecutor.
“Hopefully, we’ll be able to work this out in a way that doesn’t ruin his life,” said Jubinville.
— Senior Staff Writer Tammy Wells can be contacted at 324-4444 (local call in Sanford) or 282-1535, ext. 327 or twells@journaltribune.com.
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