Shooting incident suspect sentenced
SANDPOINT — A Clark Fork man charged with shooting at Bonner County Sheriff’s deputies during a suicidal episode was sentenced to up to five years in prison on Monday.
But District Judge Steve Verby retained jurisdiction of Phillip Wesley Powers, which means he could be released after serving six months of the sentence. Verby rejected recommendations that Powers be given a suspended prison sentence and local jail time.
“You need help,” Verby told Powers during the sentencing hearing.
Powers, 29, was charged with two counts of aggravated assault with a deadly weapon for shooting at deputies near his home in August 2007. Powers was reportedly suicidal and opened fire with the hope that deputies would return fire and kill him.
Deputies Ted Swanstrom and Jim Drake dodged the gunfire, and Powers was coaxed into surrendering peacefully. While being held on the assault charges, Powers was hit with another felony charge for possessing marijuana in the jail.
In a plea agreement, the two assault charges were rolled into a single count to which Powers pleaded guilty. He also pleaded guilty to the drug possession charge. The state and the defense, in accordance with the terms of the plea agreement, recommended suspended jail sentences and the imposition of local jail time.
Powers has attempted suicide at least five times and suffers from long-standing substance abuse problems, a presentence investigator said in a report to the court.
Powers, who has spent 237 days in custody, apologized to the court and asked for a suspended sentence so he could obtain help for his mental health and substance abuse issues.
“If I was put on probation and given the treatment, I think I can make a full recovery for what has happened to me,” Powers said.
But Verby was unwilling to release Powers onto probation, citing the defendant’s risk of re-offending and his drug problem, which persisted despite the notable handicap of being incarcerated.
“Mr. Powers, everyone wants you to make the turnaround,” Verby said.