Sentencing today in shooting case

SANDPOINT — A Bonner County man convicted of opening fire on two people during a dispute in the Upper Pack River Valley is scheduled to be sentenced today.

Sentencing recommendations in Richard Allen Larson’s felony battery case have not been disclosed, although Deputy Prosecutor Shane Greenbank has previously stated he will lobby for some form of prison term.

Larson, 60, was charged with two counts of aggravated battery following the Feb. 9, 2011 incident on Maker’s Way. Larson suffered two gunshot wounds during the alleged shoot-out.

Larson’s ex-girlfriend testified she was physically assaulted and threatened with a pistol. Her boyfriend testified Larson fired first and he returned fire, striking Larson.

Larson took the stand and told jurors he was fired on first and returned fire after being hit.

A jury found Larson guilty following the four-day trial in March.

Chief Public Defender Isabella Robertson moved for a new trial due to a report of juror misconduct. An unnamed juror said during the selection process that he was unaware of the case or the defendant. However, a defense witness who was ultimately never called to testify told a defense investigator that the juror was aware of the case and knew who Larson was.

“That juror did not supply that information to the court during voir dire,” Robertson said, referring to the jury-selection process.

Had the juror disclosed such knowledge, he could have been dismissed from hearing the matter, Robertson said.

Greenbank said the witness who raised the juror misconduct claim is friendly toward the defendant and there is no evidence the juror in fact knew of Larson prior to being selected.

“I don’t believe — in a community that’s as small as ours — you’re not going to have incidental contact (between a defendant and a juror),” Greenbank added.

Judge Steve Verby noted the lack of an affidavit and “clear and convincing evidence” of the misconduct.

“Frankly, I have no evidence. The only thing that’s been submitted is a report by the defense investigator,” said Verby, who denied the motion for a new trial.