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Suspect in street fight pleads guilty

by Keith KINNAIRD<br
| March 5, 2009 8:00 PM

SANDPOINT — A Bonner County man pleaded guilty Thursday to felony assault stemming from a drug- and alcohol-fueled street fight in Ponderay last year.

Timothy Grant “Bear” Larson entered an Alford plea to the charge, which was reduced down from felony battery.

Under the plea, Larson maintains he has a viable defense but concedes he could be convicted if the matter proceeded to trial, which was scheduled to get under way in 1st District Court next week.

Larson, 30, was charged with felony battery in connection with a Feb. 29, 2008, brawl, the nature of which had evolved over the last 13 months.

The 49-year-old victim was allegedly stabbed in the abdomen, knocked out and kicked, according to Ponderay Police reports.

Adam Rew Carash, 28, was also implicated in the beating and faced a felony battery charge. He was initially painted as the aggressor in the alleged attack and Larson reportedly aided and abetted in the crime.

Carash, however, was later offered a plea deal which reduced the charge to misdemeanor battery. Witnesses had claimed it was Larson who wielded the knife, which was never recovered.

But the victim, Sidney Wayne Kelley, has insisted Carash was the one who stabbed him. Ultimately, the alleged knifing ceased to be an element in the state’s case and Larson was ordered to stand trial for pummeling Kelley.

Carash has stated that the fight was arranged to settle a disagreement between Larson and 30-year-old Fabian Rebeterano, but it was Kelley who ended up confronting Larson. Carash openly admits he intervened on Larson’s behalf and hit Kelley with a knockout punch.

Carash denied that a knife was involved in the fight and insisted only one punch was thrown.

Larson’s defense attorney, Larry Purviance, advised Senior District Judge James Michaud during a pretrial conference on Thursday that a plea agreement had been struck to resolve his client’s case.

Along with a downward amendment to the charge and a plea, the agreement proposed that Larson be released on his own recognizance so he could enter a one-year, inpatient substance abuse program in Seattle. His sentencing would be postponed until he completes the program.

Michaud declined to release Larson, but did agree to reduce his bail from $100,000 to $10,000.

Purviance is asking the court to bind itself to the agreement, a request which Michaud passed on because it’s unlikely he will be the sentencing judge. He also declined to bind any other judges to the agreement.

“That needs to be crystal clear,” Michaud said by way of emphasis.

Purviance said he intends to ask Judge Steve Verby to take the plea agreement under consideration.

The agreement proposes probation upon Larson’s successful completion of the treatment program and a suspended underlying prison sentence of unspecified length.

Larson faced up to 15 years in prison on the felony battery charge, plus a persistent violator enhancement due to prior felony drug and burglary convictions. The enhancement carries a five-year mandatory minimum and the potential for lifelong imprisonment.

Under the agreement, the persistent violator enhancement would be jettisoned.