15-year sentence imposed in Priest Lake slaying

SANDPOINT — A former Bonner County man who pleaded to unlawfully shooting a Priest Lake man to death during a heated argument was given a 15-year prison sentence on Friday.

“The maximum penalty is warranted in this case,” said 1st District Judge Fred Gibler, who had previously agreed to cap the custodial part of Keith Allen Brown’s sentence at 15 years.

Brown, 50, will have to serve at least 10 years of the sentence before becoming eligible for parole. Brown was given credit for serving more than three years while awaiting trial, which shortens the fixed portion of the sentence to a little over six years.

Brown and his former wife were originally charged with first-degree murder in connection with the killing of Leslie Carlton Breaw in January 2007 in Coolin. They were also charged with grand theft for allegedly cashing a $56,000 escrow check that belonged to Breaw, 47.

The former couple was arrested in Fort Myers Beach, Fla., when Breaw’s wildlife-ravaged remains were discovered near his home several months after the slaying. Breaw died of a .22-caliber gunshot wound to the head.

Tyrah Harding, 28, ultimately pleaded guilty to second-degree murder and grand theft by possession of stolen property and was released after serving more than three years in jail. She subsequently divorced Brown.

In an agreement with the state, Brown entered Alford pleas to voluntary manslaughter and accessory to grand theft. Brown admits no wrongdoing under such a plea, although it is treated as a plea of guilt at sentencing.

Marshall said the state had no choice but to presume the worst when Breaw’s body was found and funds from the escrow check were found in the bank account of the suspects, who were long gone.

“I think in the last three years in negotiation, and finally mediation, we have come a lot closer to what the truth is in this matter and that is the reason for the plea agreement,” said Marshall.

The state believes Breaw was shot in a disagreement that suddenly segued from verbal to physical.

Brown maintains he was shot in the leg by an intoxicated Breaw during an argument involving allegations that Breaw had raped Harding two weeks before. The state’s medical expert concluded the leg wound was not from a gunshot, while the defense’s expert concluded it was.

Dan Sheckler argued there was a quarrel under sudden heat of passion and that Brown acted under strong provocation.

“There was a very passionate argument. We have the charge of voluntary manslaughter because we understand, as a society, that sometimes there are such sufficient provocations that the heat of passion overwhelms the faculties of reason and common sense,” said Sheckler.

The defense called five character witnesses, most of whom worked or volunteered at the jail as chaplains. They said Brown consistently demonstrated a genuine concern for the well-being of fellow inmates and helped them with their legal and spiritual matters.

“You get to meet a lot of people and you get to know a little bit about character in there. There’s a lot of con artists and there’s a lot of liars, but I sure don’t believe Keith is one of those,” said Chaplain Terry Park.

Members of Breaw’s out-of-state family members did not testify, but were interviewed for a presentence investigation. They condemned Brown and urged Gibler to impose sentences harsher than anything he could mete out.

Marshall urged the court to impose the concurrent 15- and five-year sentences for the manslaughter and theft charges, citing Brown’s rather lengthy criminal record in Idaho and three surrounding states.

Sheckler recommended either a suspended 10-year term with one year of jail and work release or a 12-year prison term with six years fixed.

Brown called the case a “tragedy” and said Breaw was his best friend.

“I take responsibility for the loss of life, I do. But I can’t stand here in all honesty and say that I’m at fault for it. I would like to, but I’m not going to lie to the court,” said Brown.

Brown offered his apologies to the Breaw family and asked the court to give him the opportunity to prove he can be a productive, law-abiding member of society.

Gibler acknowledged that Brown’s criminal history was free of violent offenses, but it was nonetheless ample and included prior probation violations. Despite numerous pretrial hearings and abundant testimony, Gibler said the facts surrounding Breaw’s death were still not entirely clear.

“The best reading of the facts does support a finding of voluntary manslaughter, with the death being at the hands of Mr. Brown following a quarrel with the decedent,” said Gibler.