ALFRED – After deliberating for about three hours in a case of an assault charge involving a Buxton town selectwoman, the court declared a mistrial after a hung jury on Thursday.

Buxton Selectwoman Jean Harmon was on trial Thursday at  York County Superior Court for allegedly assaulting Solid Waste Manager Gregory Heffernan on Oct. 3.

The jury made several requests to the judge for assistance during their deliberations, including to review surveillance footage of the Oct. 3 incident that had been difficult to view when it was projected earlier during the one-day trial.

Harmon’s attorney, Michael Ayotte, said Thursday evening that it was undetermined if there will be a retrial.

Harmon and Heffernan have two very different accounts of what happened on Oct. 3, 2018.

Heffernan testified that Harmon approached him about a memo he had written regarding a disagreement that two of them had regarding a town policy.

He said Harmon accused him of “throwing her under the bus” and smacked him on the side of the head and near his ear, fully extending her arm and causing his head to rock back. He said that although the pain was not severe, it did hurt.

“I was mostly kind of stunned,” said Heffernan.

Harmon said when she hit Heffernan on Oct. 3, it was a playful “Gibbs slap,” similar to several she had given him over the years.

“That was just the relationship we had. It was just how we joked around,” she said in a recorded interview to police that was played at court on Thursday.

Michael Ayotte, Harmon’s lawyer, said that whenever Heffernan said something silly or made a mistake, she would give him a “Gibbs slap.”

Harmon said that she never imagined she had hurt him on Oct. 3 and that the two were good friends.

“I was devastated” about hearing he was upset, Harmon said during questioning on Thursday.

She said had he told her that the “Gibbs slaps” had offended him, she would have stopped.

Buxton Board of Selectmen Chairman Cliff Emery and town Treasurer Kimberly Beam both testified that over the years, they had witnessed Harmon give Heffernen a “Gibbs slap” in a joking manner. Emery said he had seen Heffernan walk about five or six steps and take off his hat, a sign for Harmon to playfully slap him. Beam said she had seen him walk across the office and approach Harmon in a similar manner.

Emory said he watched security camera footage of the Oct. 3 incident and it looked similar to the “Gibbs slaps” he had witnessed between Harmon and Heffernan previously.

While Heffernan said he had put out his hand for Harmon to jokingly slap him when he had made a mistake, he had never invited a slap by approaching her and taking off his hat.

Assistant District Attorney Shiela Nevells said while people may make light of the subject with references to a character on a television show, the incident that happened on Oct. 3 was a serious matter.

“The reality is, this wasn’t a scripted TV show. This was real life,” said Nevells. “This slap was different. This was not like the other times.”

Ayotte questioned Heffernan’s credibility, as Heffernan told him Thursday he may have been “Gibbs slapped” by Harmon as many as 15 times but when questioned by police earlier he had said he was slapped about five times.

Heffernan said his previous recall of how many times may not have been accurate and when talking with his employees they told him it had happened more than he remembered.

Ayotte also said while Heffernan said in court that he had been slapped by Harmon once on Oct. 3, he had told police that he was hit multiple times. Heffernan said he may have not been able to think clearly because he was so taken aback by the strike.

Emory said that Heffernan had approached him at the transfer station a few weeks after the Oct. 3 incident, and said that Harmon assaulted him. Emory said Heffernan told him he wanted an apology and a promise from Harmon that she would never do it again.

Emory said that Heffernan got what he said he wanted from Harmon, but then after Heffernan talked to an attorney he decided to take action because he feared for his job.

Ayotte said that Harmon had been very upfront about the Oct. 3 incident and had sincerely apologized. He said Harmon “had no dog in the game” but Heffernan was fearful of losing his job.

Ayotte said that Heffernan had told the town treasurer that for $500 he would be quiet.

Heffernan said that the comment about the $500 was a joke. His job was just part of why he decided to take further action, Heffernan said, he also didn’t want to be assaulted again.

Ayotte questioned why Heffernan had never talked to Harmon or complained to town officials about the “Gibbs slaps” or why he didn’t immediately go to police regarding the alleged assault.

Nevells said that it can be difficult for a man to admit that a woman hit him and it hurt.

“Does it stop being an assault if no one says anything,” she said.

— Staff Writer Liz Gotthelf can be reached at 780-9015 or by email at egotthelf@journaltribune.com.