Probation ordered in assault case

SANDPOINT — A Bonner County man accused of threatening a neighbor with a pistol during a dispute last year avoided incarceration on Monday against the wishes of his alleged victim.

First District Judge Charles Hosack granted a withheld judgment in Gregor Dana Firey’s attempted aggravated assault case and placed him on probation for three years. If Firey falters on probation he faces a prison sentence of up to two and a half years.

Firey, 42, was charged with aggravated assault for allegedly pointing a .38-caliber pistol at his 32-year-old neighbor on July 13, 2010, north of Priest River. The charge was subsequently reduced and qualified as attempted.

The neighbor urged the court to impose some time behind bars, saying the confrontation has put his family on edge and forced them to change their daily routines to avoid future run-ins with Firey.

He continues to fear for his family’s safety.

“I really don’t want to see him walking on this. It’s crazy and I hope others see that, too,” he said.

Firey’s only remarks to the court before he was sentenced was an expression of gratitude for allowing him to spend time with his terminally ill mother before she passed. Firey spent eight days in jail while the case was pending.

Several people testified as character witnesses for Firey.

“I don’t see him to be a threat, personally,” said family friend Dan Furtney.

Firey entered an Alford plea to the reduced charge last fall. Under such a plea, Firey admits no wrongdoing but believes he could be convicted if the matter went to trial. An Alford plea is treated no differently than a plea of guilt at sentencing.

A presentence investigation recommended a withheld judgment in the matter, a position that was adopted by Chief Public Defender Isabella Robertson and Deputy Prosecutor Shane Greenbank. Hosock also adopted the recommendation.

“Certainly, probation is a way to meet the goals of sentencing,” Hosack said.

A status hearing in the case will be held in several months to verify Firey, who suffers from post-traumatic stress disorder, is in compliance with the terms of his unsupervised probation and mental health treatment. The victims in the case will also be able to address the court.

Firey committed patricide in 2004 and allegedly referenced the episode during the neighbor dispute.

“I killed my father. What makes you think I won’t kill you?” the alleged victim quoted Firey as saying during the confrontation.

Firey was initially charged with murder for killing his 60-year-old father, Ronald, with an assault rifle. Ronald Firey, a black belt, allegedly subjected his son to a lifetime of physical abuse.

The charged was later reduced to manslaughter and finally misdemeanor battery due to the apparent strength of Gregor Firey’s self-defense claims.