ELLSWORTH – A Winter Harbor man who exchanged gunfire with another man Wednesday will not face prosecution, according to the Hancock County district attorney.

Gerald Sprague, 33, won’t be charged in the Jan. 8 incident that involved Sprague and David Baker, 37, of Franklin shooting at each other from their vehicles on a Winter Harbor road, District Attorney Michael Povich said Friday.

“He’s the victim,” Povich said of Sprague.

Baker has been charged with attempted murder and aggravated assault in connection with the shooting, Povich said.

Sprague was injured Wednesday night when he was attacked by a group of men while helping a motorist, according to police.

Sprague left his Summer Harbor Road home to help a man whose truck was stuck by the side of the road and was hooking up a chain to the vehicle when a group of men pulled up in another truck, got out and allegedly jumped Sprague.

The men left the scene in their truck, but Sprague followed in his truck and exchanged words with the men after catching up to them less than a mile down the road, police said.

Gunfire erupted from both vehicles, and Sprague was injured in the hand.

Sprague was taken to an Ellsworth hospital, was treated and then released.

Povich acknowledged that Sprague shot at the other truck, but he said Sprague was not the incident’s instigator.

“I believe Sprague was justified in [firing his gun],” Povich said.

Baker later turned himself in at the Sheriff’s Department in Ellsworth and has since been released from jail on $100,000 bail. He is scheduled to appear in court Feb. 18.

Winter Harbor Police Chief Warren Ahrens said Friday that Sprague has a concealed weapons permit, but he was unsure whether Baker had one. He said Sprague frequently goes to shooting competitions with other members of his family.

Police have confiscated Sprague’s .357-caliber revolver and impounded each man’s truck.

Ahrens said more charges may be filed against other people involved in the incident.

“There’s a possibility of that,” Ahrens said. “We’re still investigating.”

Ahrens said he is being assisted by Maine State Police in the investigation. He said he has sent his report on the case to Povich’s office, but that the state police detectives helping him have yet to send Povich their reports.