A Kalispell man accused of threatening his now former girlfriend with a shotgun and later violating an order of protection she took out against him received a five-year sentence late last month.

Flathead County District Judge Robert Allison said he was concerned with James Daniel Fenn Jr.’s thought processes as he handed down his sentence for felony criminal endangerment Jan. 25.

“We want to make sure you get the treatment you need in that time,” Allison told Fenn.

Fenn is to spend the five year stretch with the state Department of Corrections. Allison also gave him credit for 44 days of time served.

Authorities initially arrested Fenn following an Oct. 21 disturbance allegedly involving a gun at his South Woodland Drive home. According to court documents, arriving Flathead County Sheriff’s Office deputies found Fenn standing outside.

He allegedly told them that he got into an argument with his girlfriend earlier in the evening. When she said she would contact authorities, he told her “he was going to give her a reason to call and picked up his shotgun,” court documents said.

Investigators recovered a 12 gauge Mossberg pump action shotgun at the scene, according to court documents.

In December, Fenn, who was facing an assault with a weapon charge at the time, struck a plea deal with prosecutors. In exchange for a guilty plea, they agreed to amend the charge to criminal endangerment and recommend he serve a suspended five-year sentence.

But while awaiting sentencing, Fenn allegedly got caught peering into the windows of his ex-girlfriend’s home near Evergreen on Jan. 13. He was subsequently charged with felony violation of a protective order in a new case.

Prosecutors later agreed to dismiss the case as part of a revamped agreement with Fenn. But they also dropped the offer of a suspended sentence.

At Fenn’s Jan. 25 sentencing, defense attorney Greg Rapkoch argued for a three-year stint with the Department of Corrections.

“Mr. Fenn is willing to take accountability,” Rapkoch said. “I don’t think he’s an ongoing, present danger.”

Deputy County Attorney John Donovan pointed to the violation as a concern.

“It could not have been more clear to Mr. Fenn what those prohibitions were …,” Donovan told the court. “I think he needs to have some time to think about what he’s done.”

Donovan called Fenn’s ex-girlfriend to the witness stand. She testified that Fenn frightened her, leaving her sleepless and fearful. His disregard for the order left her feeling “violated all over again.”

“I tried very hard to show him I didn’t want nothing else to do with him,” she said, telling the court she believed Fenn needed professional help.

During his turn to address the court, Fenn apologized in a raspy voice.

“I realize I’ve made a mistake,” he said. “At the time, I was heartbroken and hurt, but this is no excuse.”

Allison took the opportunity to walk Fenn through his thinking, Lurking or stalking an ex generally has the opposite effect on the other person, he said.

“There’s something amiss that needs to be addressed,” Allison told Fenn.

News Editor Derrick Perkins can be reached at 758-4430 or [email protected].