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Sentencing pending in murder case

by Keith KINNAIRD<br
| February 20, 2009 8:00 PM

SANDPOINT — A judge is set to announce Monday whether he will abide by the terms of a plea agreement to resolve the murder case pending against Tyrah Brea Brown.

The state and the defense have agreed to the terms of the plea agreement and are asking 1st District Judge John Patrick Luster sign on. If Luster agrees to bind himself to the agreement, it would guarantee implementation of proposed sentence recommendations.

Sentence recommendations include suspended, concurrent prison sentences and six-month stint in the Bonner County Jail. She would also be ordered to pay restitution. Tyrah Brown has been incarcerated since March 2007.

Under the terms of the plea agreement, Tyrah Brown would plead guilty to grand theft and to a modified charge of accessory to murder.

If Luster declines to be party to the agreement, Brown could proceed with sentencing anyway or withdraw her plea and go to trial.

Brown, 27, was originally charged with first-degree murder and grand theft by possession of stolen property in connection with the shooting death of Leslie Carlton Breaw at Priest Lake in January 2007.

Brown’s 48-year-old husband, Keith, was likewise charged and awaits trial.

Tyrah Brown has maintained she was not present when Breaw was shot with a .22-caliber rifle outside his home in Coolin. Keith Brown has said Breaw was shot when he struggled with Breaw over control of the rifle during an argument.

Keith Brown alleges Breaw, also 48, was the aggressor in the confrontation.