Sentence stands in Holt slaying

SANDPOINT — A 1st District judge affirmed on Monday the sentence he imposed against a Sagle man who was convicted of shooting Elvin “Eli” Holt to death in 2008.

Judge Steve Verby sentenced James Matthew Anderson to 20 years in prison after a Bonner County jury convicted Anderson of second-degree murder for Holt’s slaying. Under the terms of the sentence, Anderson was to serve at least 10 years before becoming eligible for parole.

Holt, 30, was killed after he and half-brother Ian James Freir went to Anderson’s trailer in Sagle on Thanksgiving night, reportedly to confront him about a beating Anderson dealt to a close friend of Holt’s the previous month.

Anderson, 32, contended he was attacked by Holt and Freir, prompting him to retrieve a .44-caliber pistol to protect himself and his family. At trial, the defense maintained the weapon discharged accidentally during the struggle.

Jurors, however, ruled that Anderson acted with malicious intent.

Last year, the Idaho Court of Appeals overturned the sentence, ruling that Verby incorrectly believed that state law required a minimum fixed term of 10 years.

Idaho Code states that any person convicted of second-degree murder is “punishable by imprisonment not less than 10 years.” The appeals court ruled that the 10-year minimum applied to both the fixed and indeterminate portions of the sentence and ordered Anderson be re-sentenced.

Anderson’s court-appointed defense counsel, Paul Vogel, argued there was implied malice rather than express malice, and pointed out that the verdict did not specify whether that intent applied to Anderson arming himself, drawing back the hammer, pointing the gun or pulling the trigger.

“We have no evidence that my client intentionally pulled the trigger,” said Vogel.

At trial, the defense maintained that Holt and Freir had conducted surveillance on the home, showed up there after hours and tried to force their way into a residence while under the influence of alcohol. Vogel emphasized on Monday that Freir was accused of similar conduct in a felony assault case.

Although Freir’s alleged misconduct occurred a year after Holt’s killing, Vogel argued the actions were strikingly similar to the pair’s alleged pattern of behavior on the night of the shooting.

Vogel recommended a three- to seven-year term with retained jurisdiction, which could qualify Anderson for release after about a year in prison.

Prosecutor Louis Marshall said his position had not changed since Anderson was first sentenced in 2010 and reminded the court that some witnesses, even those testifying for the defense, described Freir as something of a peacemaker who tried to de-escalate the argument between Holt and Anderson.

“There has to be retribution for the actions of a man who shoots another man point-blank with a .44 mag,” Marshall added.

In his remarks to the court, Anderson expressed remorse for Holt’s death and the impact on Holt’s family, and a desire to use his experience to teach others about nonviolent conflict resolution. He also yearned for forgiveness from the victim’s family.

“I wish that I could take it all back, but I know that I can’t,” he said. “I  know I can’t change what happened.”

Verby regarded Anderson’s remarks as one of the most eloquent statements he’s heard a defendant make.

However, deterrence and retribution factored heavily into the court’s reconsideration of the sentence.

“I believe that you are remorseful, but no matter how much remorse you may feel, another person’s life has been taken and that person is gone. Even if you were to spend 30 years in prison, you would still have a life. Mister Holt does not have a life, so there has to be some consideration for the concept of retribution,” Verby said.

The court also referred to a phone conversation in which Anderson was asked by a 911 dispatcher if the shooting was an accident. Anderson replied that it was not.

Verby ultimately ruled that the original sentence would stand.

Holt’s mother, Alice, expressed relief after the hearing.

“I forgive Mr. Anderson,” she said, but added that personal attacks on Freir during the hearing were nonsense.