Resentencing is postponed

SANDPOINT — Re-sentencing in a Bonner County man’s murder case is being postponed due to a shift in defense counsel.

James Matthew Anderson’s re-sentencing is now set for March 19 in 1st District Court. A Bonner County jury convicted Anderson of second-degree murder for the shooting death of Elvin “Eli” Holt on Thanksgiving in 2008.

Judge Steve Verby sentenced Anderson to 20 years in prison with a chance at parole after serving 10 years. The Idaho Court of Appeals nullified the sentence last year, concluding that sentencing guidelines were misapplied.

Anderson, 32, was accused of shooting Holt in the face outside Anderson’s trailer in Sagle. Holt and brother Ian James Freir went to Anderson’s home allegedly to confront him about a battery he perpetrated on a close friend of Holt’s.

Holt, 30, was killed instantly by a single gunshot fired at point-blank range.

Anderson alleged that he was attacked by the two men and retrieved a .44-caliber pistol in order to protect himself and his family. The defense maintained the weapon discharged accidentally during the struggle.

A jury ruled the shooting was an unjustified use of force.

Anderson was to be re-sentenced on Monday, but it was postponed because his conflict public defender, Margaret Williams, represented Freir in a 2009 felony assault case, in addition to some prior misdemeanor matters.

Freir, who is a victim in the murder case, could be called to testify at Anderson’s re-sentencing. Moreover, Williams said in court documents that during her prior representation of Freir, she learned confidential information about the murder, a fact which could affect her ability to adequately represent Anderson.

Williams asked the court to determine if a conflict existed. Verby ruled there was indeed a conflict, according to court documents. Sandpoint attorney Paul Vogel was appointed to represent Anderson at his re-sentencing.