Man who shot deputies seeks leniency
KEITH KINNAIRD | Hagadone News Network | UPDATED 4 years, 10 months AGO
SANDPOINT — A Blanchard man serving up to 50 years in prison for shooting and wounding two Bonner County Sheriff’s deputies is seeking post-conviction relief, according to 1st District Court records.
Adam Deacon Foster argues his sentence should be reduced because he received ineffective assistance from his defense counsel. He argues his attorneys did not bring forward mitigating evidence or seek a second opinion regarding his mental health condition, according to a civil petition seeking a reduced sentence. Foster asserts that he was misdiagnosed.
Foster was charged with two counts of attempted murder for ambushing deputies Michael Gagnon and Justin Penn outside his home in June 2017. The deputies were attempting to arrest Foster on a battery charge when he bolted around the side of his home and opened fire with a .44 magnum revolver when Gagnon and Penn pursued him.
Despite being shot and gravely wounded, Gagnon and Penn returned fire and in turn wounded Foster, which brought an end to the gunbattle.
Both deputies have since recovered from their wounds and returned to the line of duty.
Foster admitted at sentencing he was delusional at the time of the shooting and genuinely believed he was being targeted by racists because of his Hispanic background.
First District Judge Barbara Buchanan ordered Foster to serve consecutive fixed terms of 12 1/2 years and up to 50 years in prison due to the grievous injuries suffered by the deputies.
Foster is calling on the court to amend the sentences to be served concurrently instead of consecutively, according to his petition.
Foster, 34, is serving his sentence at the Idaho State Correctional Institution near Boise, according to the Idaho Department of Correction. He becomes eligible for parole in 2040.
Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.
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