SANDPOINT — A former Sandpoint man serving a fixed life sentence for first-degree murder is getting another crack at post-conviction relief.

A Bonner County jury convicted Kenneth Eugene Thurlow in the 2005 shooting death of Christopher Elliott West at a towing company garage on the city’s north side. Christopher Alen Lewers was also implicated in the killing of West, 25.

In the weeks leading up to Thurlow’s trial in 1st District Court, the state offered to recommend a 10-year prison term in exchange for a plea of guilt to an amended charge of second-degree murder. The same agreement was offered to Lewers, although both defendants rejected the offer.

In a petition for post-conviction relief, Thurlow argued he received ineffective assistance from his attorney, who advised Thurlow that she believed he would likely only be convicted of being an after-the-fact accessory in the slaying and thus face a five-year prison term.

Thurlow argued he would have taken the deal if not for Payne’s advice.

Payne said in a deposition during the civil post-conviction proceedings that she tried to get Thurlow to take the deal.

Judge Jeff Brudie dismissed the petition, finding that Thurlow presented no evidence controverting his trial counsel’s deposition, which would create a genuine issue of material fact regarding her alleged deficiencies in the plea bargaining process.

Thurlow sought redress through the Idaho Court of Appeals, which ruled that Thurlow had indeed demonstrated there were factual allegations regarding advice he received during the plea bargaining process.

“While Thurlow’s pleadings and affidavit are thin on specific facts, they generally controvert trial counsel’s deposition testimony regarding the nature of her advice to Thurlow, the availability of the plea offer when she gave the advice, and Thurlow’s reliance on the advice on turning down the plea offer,” appeals court Judge David Gratton said in a six-page opinion published on Monday.

Chief Judge John Melanson and Judge Sergio Gutierrez concurred.

Thurlow’s case for post-conviction relief is being remanded back to district court for further proceedings.

Lewers, 33, pleaded guilty to first-degree murder prior to his trial and received a life sentence with a chance at parole after 20 years. He is imprisoned at the Idaho State Correctional Center in Kuna, according to the Idaho Department of Correction’s website.

Thurlow, 56, is serving a determinate life sentence at the Idaho State Correctional Institution, which is also located in Kuna.