LINCOLN — District Court Judge Susan Calkins found probable cause and set bail at $50,000 and two sureties, or 50 percent cash, for Benjamin Heath, 51, of Bangor, who was charged Sunday with attempted murder for allegedly shooting his 28-year-old daughter.

Alma Levesque, 28, of Lincoln remained in critical condition Tuesday at Eastern Maine Medical Center. Heath had not made bail by early evening Tuesday.

In addition to the $50,000 bail, Calkins set several conditions should Heath make bail. They included: no possession of a firearm, no liquor and no contact with the six members of his immediate family and 13 other relatives and their families. As an additional condition, Heath would be required to report to a Bangor probation officer each Monday, Wednesday and Friday.

Calkins further ordered a mental evaluation of Heath.

When the judge asked Heath if he understood the charge against him, he replied, “I thought I had that bullet out of the gun. No, I didn’t do that.”

When the judge told Heath that conviction on a charge of attempted murder could result in a maximum 40-year prison sentence, Heath replied, “That is OK.”

R. Christopher Almy, district attorney for Penobscot and Piscataquis counties, had asked that Heath’s bail be set at $100,000 with two sureties, saying there was a substantial likelihood that Heath would use an opportunity for freedom to further damage the family and “may attempt to take the lives of other family members.”

Almy said Levesque’s prognosis is not good and because the bullet in her head cannot be removed there is only a “50-50 chance” that she will survive.

Heath’s court-appointed attorney, Daniel G. Aiken of Lincoln, said Heath has no one close to sign sureties, is unemployed and living on supplemental security income, is separated from his wife and is disabled, making it unlikely he would leave the Bangor area if bailed. Aiken said it is unlikely that his client can make bail.

Calkins based her finding of probable cause on a court affidavit filed by Capt. Al Gorsline of the Lincoln Police Department.

According to the affidavit, Heath’s 17-year-old son, John, told authorities Heath and Levesque were arguing about “his sister accusing him (Benjamin Heath) of having sex with her.”

Heath and another son left the Mechanic Street residence, drove to Bangor and returned shortly after 11 p.m. He and Levesque again argued about the alleged sex abuse, according to the affidavit, and Heath began beating his daughter. One of Heath’s sons went to a nearby store and asked a clerk to call police.

Heath went to his car, according to the court document, and returned carrying a .22-caliber bolt-action sawed-off single-shot rifle, and threatened to shoot Levesque if police arrived. When police arrived shortly before midnight, they heard a gunshot from inside the apartment, found the victim and arrested Heath.

Outside of the district court building Tuesday, Heath’s wife of 30 years, Wilhelmena, 47, and his three sons, Benjamin Jr., 27, James, 29, and Mickey, 22, told reporters they were “scared” that Heath might make bail. They said Heath had abused them for years.

“The first place he will head to is my place … he will come in the night. I hope he doesn’t get out,” Mrs. Heath said.

She said she and Heath had been separated for more than two years, but Heath still came to her 6 Mechanic St. home.

She said she did not leave Heath because she was “terrorized. I knew wherever I went, he would find me. I was scared I would lose the kids … he threatened to take them if I left.”