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Exchange of gunfire nets probation

David Cole | Hagadone News Network | UPDATED 13 years AGO
by David Cole
| October 22, 2011 9:00 PM

COEUR d'ALENE - A 23-year-old Hayden man was sentenced to two years of supervised probation for a shooting incident involving sheriff's deputies in 2010.

Kerry N. Damiano also was given credit for time served by 1st District Judge Benjamin Simpson on Friday.

"He's glad it's over," said defense lawyer Gary Amendola. "He just wants to move on, and go to college."

Damiano was found guilty by a jury this summer of the charge of exhibition of a deadly weapon, a misdemeanor.

Prosecutors tried him on two felony counts of aggravated assault, but the jury didn't see enough evidence to convict him on those more serious charges.

Damiano spent 55 days in jail for the shooting incident and for having a baggie of marijuana with a trace amount of the drug on him when he was arrested. He pleaded guilty to the misdemeanor marijuana charge before the June trial.

In May 2010, Damiano was arrested after firing a gun late at night in a wooded area near Chilco Pond, off East Chilco Road, north of Hayden. Sheriff's deputies happened to be in the wooded area, responding to a call of someone causing a disturbance in the area.

Prosecutors allege he fired his weapon once in the direction of three deputies. The deputies returned with a volley of gunfire at Damiano's position less than 100 yards away on a hill overlooking the pond, which is where the deputies were walking around near their parked SUV with the lights off.

The defense argues Damiano didn't know it was law enforcement officers who were at the pond, and that he fired a round straight up in the air, and that no crime was committed by discharging the weapon in that secluded area. Damiano said he thought the people walking around near the pond were "Chilco hillbillies" and his shot was an attempt to scare them off.

The jury found Damiano guilty of two counts of exhibition of a deadly weapon, but the court reduced that to one count because he only fired one shot.

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