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Man sentenced in gun incident

Keith Kinnaird News Editor | Hagadone News Network | UPDATED 12 years, 2 months AGO
by Keith Kinnaird News Editor
| October 3, 2013 7:29 PM

SANDPOINT — A Bonner County man has been sentenced to time served for allegedly opening fire on two people last year.

Andrew Keith Kohler spent 201 days in jail while awaiting trial on two counts of aggravated assault. Kohler is accused of firing at a vehicle contain two people north of Sandpoint on Nov. 12, 2012.

There were no injuries, although the occupants of the vehicle told sheriff’s deputies that they feared for their lives during the episode. Charging documents describe the weapon that was used both as a rifle and a shotgun, although it’s not clear in court records what type of gun was actually used.

In a pretrial settlement agreement, the state agreed to drop one of the counts in exchange for a plea. Kohler entered an Alford plea, which means he admits no wrongdoing but concedes he could be convicted.

An Alford plea is regarded no differently than a plea of guilt at sentencing.

Kohler, 48, declined to address the court when he was sentenced in 1st District Court on Sept. 19, court records indicate.

Chief Deputy Prosecutor Shane Greenbank joined an Idaho Department of Correction recommendation for retained jurisdiction and with an underlying sentence of two to five years in prison.

When jurisdiction is retained, a defendant serves up to a year in prison before a decision is made to further incarcerate the person or place them on probation.

Judge Barbara Buchanan declined to retain jurisdiction over Kohler due to the length of his pretrial incarceration, according to court documents. She placed Kohler on probation for four years, which he intends to have transferred to the state of Vermont.

Buchanan also imposed a $500 fine and ordered him to pay $240 in court costs and perform 100 hours of community service. Restitution in the case is pending, court records indicate.

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