Stephen Nicholson was sentenced according to a plea agreement in Montana 19th Judicial District Court June 18 for felony criminal endangerment related to a domestic disturbance on Jan. 6.

Judge Matt Cuffe sentenced Nicholson to a three year deferred sentence with conditions. The maximum punishment is 10 years in prison and a $50,000 fine.

According to an affidavit by Deputy Maury McKinney, McKinney responded to a report that a man had slapped his wife and was carrying a pistol on Highway 37 near Eureka.

McKinney stated he made contact with the alleged victim, waiting in her vehicle with her baby. She said, “she had been hit open handed on the left side of her face by her husband, Stephen Nicholson.” McKinney also saw swelling in that area of her face.

The woman also said Nicholson was last seen sitting on the couch and holding a gun to his head. She said he had been drinking and had threatened to shoot her.

McKinney stated he saw Nicholson through a side window, and he was lying on a sofa, apparently either passed out or sleeping. His hands were tucked under his head and he appeared to be holding a pistol.

McKinney stated that when Nicholson woke, he clutched the pistol and began to move it in McKinney’s direction, but quickly complied when told to let go of it.

He was taken to the Eureka Law Enforcement Center, where a breath sample showed a blood alcohol content of .171.

When interviewed by law enforcement, Nicholson denied arguing with, threatening or slapping his wife. He also said he always sleeps with a loaded pistol in his hand.

In the affidavit, McKinney noted that Nicholson had two prior convictions of domestic violence in another state.