EPHRATA — A Moses Lake man will not be serving time in jail for pointing a rifle at his neighbor as she drove by.

Sergee Podolyan, 33, of Moses Lake, pleaded guilty to third-degree assault. Following a joint recommendation between Deputy Prosecutor Carole Highland and defense attorney Jeremy Huberdeau, Grant County Superior Court Judge John Antosz sentenced Podolyan to zero days in jail and 12 months of community custody. Podolyan was sentenced under a first-time offender waiver of a standard sentence, which is used when a defendant, like Podolyan, does not have a criminal history and the court waves imposing a sentence within the standard range of sentencing, which for Podolyan’s charge was between one and three months. Podolyan was initially charged with second-degree assault (deadly weapon), but the charge was amended in a plea agreement between Highland and Huberdeau.

Podolyan’s sentence dates back to an incident on Oct. 30, 2015, when a woman contacted the Moses Lake Police Department stating she was driving in the 300 block of North Crestview Drive when her neighbor, Podolyan, pointed a rifle at her as she drove by. The victim reported seeing Podolyan standing on the left side of his house holding a rifle, which she described as resembling an AR-15. When Podolyan spotted the woman driving by, he pointed the gun at her and followed her with it as she drove by, according to police records.

When questioned why Podolyan would point a gun at her, the victim stated the only thing that came to mind was an incident a few months prior in which her dog scared Podolyan’s son and Podolyan came to her house with a handgun open carried on his hip and confronted her husband. Police records indicate the MLPD had dealt with Podolyan in the past when he previously became upset over dogs coming into his yard and he threatened to shoot them.

Podolyan was taken into custody by officers at his residence, at which time officers noted a strong odor of intoxicants on his breath. Police contacted and questioned Podolyan’s sister at the house, who stated about 15 minutes before she was contacted by officers Podolyan’s son was chased by a “big black dog” that reportedly attempted to bite him. She said she didn’t know why he would point a gun at his neighbor and stated he, “was just being a dad,” according to police records.

Police were granted a search warrant for Podolyan’s home and recovered two rifles, a Glock 10mm handgun, a Glock 9mm handgun, and two BB guns.

Richard Byrd can be reached via email at city@columbiabasinherald.com.