Prison ordered in weapon case
KEITH KINNAIRD | Hagadone News Network | UPDATED 8 years, 4 months AGO
SANDPOINT — A Blanchard man accused of clubbing his girlfriend with the butt of a shotgun was ordered Monday to serve up to five years in prison for unlawfully possessing a firearm.
Jurisdiction in the case was retained, however. That means John Henry Baker will serve up to a year in prison before a decision is made for him to serve the custodial sentence or release him onto probation, court records show.
Baker, 34, faced an additional charge of aggravated battery, although that offense was dismissed after the alleged victim reportedly recanted her story. Baker was barred, however, from possessing a firearm due to felony convictions for burglary in Kootenai County in 2014 and felony drug possession in Bonner County in 2005.
The charges stemmed from a Nov. 15 altercation at his home. The alleged victim, 35, told sheriff’s deputies that she and Baker were arguing when Baker pointed the shotgun at her and threatened to shoot her, court records indicate.
When the alleged threat did not produce the appropriate reaction, Baker allegedly struck on the side of the head with the gun using a “golfing-type swing,” a probable cause affidavit alleges.
The state was seeking sentencing enhancements because Baker used a firearm he was not allowed to possess during the commission of the crime. The enhancements would have added up to 30 years to the underlying sentence in the case.
Baker’s sentence runs concurrent with admitted probation violations in the Kootenai County burglary case. Those violations involved the use of methamphetamine and Baker’s arrest on the new Bonner County charges.
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