Vietnam vet found guilty on several charges

CARIBOU — After more than six hours of deliberation, an Aroostook County Superior Court jury failed to reach a verdict late Friday night in the attempted murder trial of a Vietnam veteran charged with shooting at his former girlfriend and another man.

However, David K. Pond, 44, was found guilty of reckless conduct with a deadly weapon, criminal threatening with a dangerous weapon, burglary, and two charges of criminal mischief. Justice Paul T. Pierson declared a mistrial on the attempted murder charge. Whether Pond will be retried on that charge will be decided by District Attorney Neale Adams.

Bail was not set, and a presentence report was ordered regarding the convictions.

Pond claimed that he was suffering from post-traumatic stress disorder at the time of the July 21, 1991, shooting. He served two tours in Vietnam in the late 1960s, which included service as a “tunnel rat” searching for underground enemy complexes.

In closing arguments Adams argued that Pond exhibited “goal-oriented behavior” at the shooting. Adams said Pond demonstrated intent when he waited in the driveway where the shooting occurred, when he fired at the pair, and when he searched the house after they escaped.

The district attorney commended and thanked Pond for his service in Vietnam. “We don’t detract from his service in Vietnam if we find him responsible,” Adams said.

Adams argued that PTSD expert Tom Williams, a witness for the defense, made up his mind regarding Pond’s illness before he evaluated the defendant. The district attorney noted that Williams was paid $3,500 for his opinion in the case.

Adams reminded the jury of state psychologist Neil MacLean’s testimony given earlier Friday. MacLean declined to diagnose Pond as suffering from PTSD, although the psychologist said Pond suffered from manic depression.

Adams also pointed to statements by Pond that the Veterans Administration would help him if he got into trouble. “PTSD — a license to kill,” Adams said.

Defense attorney John McElwee countered that his client originally refused to go to the VA for help, but was convinced to do so by other Vietnam veterans. He was arrested at the VA Hospital in Togus.

McElwee asked the jury to consider Pond’s state of mind in their deliberations.

“Just because a gun was loaded and a trigger pulled does not mean attempted murder,” McElwee said. While Pond may have committed the offenses, McElwee contended that Pond was not conscious of his actions because of his mental illness.

“If David Pond didn’t serve in Vietnam, we wouldn’t be here today,” McElwee said.

Included in the defense testimony were stories of combat from those who served with Pond in Vietnam.