A man is accused of shooting his brother in downtown Bangor Wednesday night during an argument over whether he was too intoxicated to drive.
Todd Whitman, 37, of Hermon allegedly shot his brother around 9 p.m. Wednesday on Franklin Street. The brother survived the shooting.
Whitman was arrested Thursday and had his first appearance Friday in Penobscot County Superior Court. He is charged with Class A elevated aggravated assault, theft, eluding an officer, possession of firearm by prohibited person, reckless conduct with a dangerous weapon, operating under the influence and driving to endanger.
He did not enter a plea during the hearing, which is standard procedure in felony cases. The case will be presented to a grand jury.
According to the victim’s girlfriend, Whitman and his brother had been “drinking heavily” in the hours before the shooting, Assistant District Attorney Mercedes Gurney said.
The two men argued because Whitman wanted to drive, Gurney said. He then pulled out a gun and the victim’s girlfriend heard a click, which she took to mean the gun was unloaded so she pushed the gun away, Gurney said.
However, that made Whitman angrier and he started yelling. He then pointed the gun at his brother and it went off, Gurney said.
The victim fell to the ground yelling and Whitman drove off, she said. Police found the victim lying in the road and he was taken to a hospital.
Whitman was arrested on Davis Road in Bangor on Thursday afternoon.
He is in the Penobscot County Jail and is scheduled for a dispositional conference on Feb. 10.
