Former sheriff's deputy sentenced to probation, fines for domestic violence
Ralph Bartholdt Staff Writer | Hagadone News Network | UPDATED 8 years, 4 months AGO
COEUR d’ALENE — A former deputy sheriff who spent more than 100 days in jail on charges of domestic violence and no-contact order violations was placed on probation Tuesday as part of his sentence in First District Court.
Former Kootenai County Deputy Gavin Brodwater was sentenced to a combined five years in prison that included a two-year determinate and three-year indeterminate prison term, but District Judge Scott Wayman suspended the sentence and placed Brodwater on supervised probation for two years.
Prosecutor Alex Klempel asked the court for a seven-year prison term and a retained jurisdiction to vet Brodwater for probation, because she said, because of his previous job in law enforcement the defendant knew the repercussions of violating no-contact orders.
“Based on his history, it’s appropriate to hold him to a bit of a higher standard,” Klempel said. “He doesn’t follow through with court orders … he doesn’t abide by them.”
Brodwater’s attorney John Redal however dismissed the idea that his client should be made more accountable.
“He served 116 days,” Redal reminded the court. “He lost his job.”
Brodwater, who has been decertified as a peace officer appeared in street clothing for sentencing on three no-contact order violations and a felony domestic battery charge. He apologized to the court for his conduct.
“I knew better,” he said. “I was absolutely in love with my wife. I lost sight of what went on.”
The former sheriff’s deputy who pleaded not guilty earlier this year to charges of first-degree stalking, second-degree kidnapping, domestic battery and violating the no-contact orders, was indicted on the four felonies by a grand jury in March. He was accused of kidnapping and battering his estranged wife. On at least two occasions he lured the victim into his pickup truck after calling her on her cellphone, accordig to police reports. He then drove her to his house and forced her to stay despite her efforts to leave, in violation of no-contact orders, according to police. The couple were separated and living apart when the incidents occurred.
The woman reported to police a series of no-contact order violations, including an incident in February in which Brodwater allegedly struck the victim causing her to bleed from the nose and mouth.
Redal said his client’s no-contact order violations were a result of Brodwater complying with the victim’s desires to see his client.
“This thing has been portrayed like he was stalking his wife,” Redal said. “It was nothing of the sort. She was saying, ‘Come pick me up.’”
In an effort to prove the interactions were consensual, Redal presented a string of text messages between the couple, and a video of them having sex.
“There was this kind of thing that was going on in this relationship,” he said.
Wayman said he agreed with both attorneys before he suspended the prison sentence, placed Brodwater on probation and imposed fines of $1,500 for the three, no-contact order violations, and ordered to give Brodwater credit for the 116 days he served in jail. Wayman ordered a $5,000 fine for the domestic battery conviction, with $3,000 suspended. He ordered 100 hours community service and let probation and parole decide if Brodwater should attend counseling for mental health, domestic violence or substance abuse.
Wayman said Brodwater’s time in jail, and the time he couldn’t spend with his 12-year-old son was a result of his actions.
“Your conduct is what cost you that part of your life,” Wayman said. “And your money.”
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