PORTLAND, Maine (AP) - A man convicted of manslaughter for delivering a brutal kick to a man who was on his knees lost his appeal to the state supreme court
Jonathan Limary contended he was denied a fair trial because the judge declined to allow questions he wanted to pose on a jury questionnaire. He also said the evidence was insufficient to show whether the kick or the victim’s subsequent medical treatment caused the death.
Limary and the victim, Jean Bragdon, 44, didn’t know each other before they met in a parking lot in Caribou. Bragdon had been fighting another man and was on the pavement trying to catch his breath when Limary kicked him in the face, witnesses said.
Bragdon’s nose, upper jaw, cheek bone, and orbital bones were all broken by the blow. He died several weeks later, in November 2017, from post-surgical complications after the hospital discharged him.
In rejecting his appeal, the supreme court ruled Thursday that there was no gross negligence by doctors that would have removed the blame from Limary.
“The evidence plainly supported a jury finding that the victim underwent surgeries to repair injuries caused by Limary’s kick and that those surgeries would not have occurred but for Limary’s actions,” the court said.
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