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Accused kidnapper put on probation

by Keith Kinnaird News Editor
| August 31, 2013 7:00 AM

SANDPOINT — A Spokane man who allegedly kidnapped the mother of his child last year is being released from prison, but still faces up to six months of local incarceration.

Damon Eugene Johnson was sentenced to five years in prison, although 1st District Judge John T. Mitchell retained jurisdiction, also known as a rider. When jurisdiction is retained, a defendant can serve up to year in prison before a sentencing judge decides to impose the underlying sentence or put the person on probation.

Johnson, 36, is accused of ambushing the woman as she left a Bonner County man’s northside home last December. Johnson, who was armed with a pistol, confronted the two as they departed in a sport utility vehicle.

Johnson, a probable cause affidavit alleged, entered the SUV as the other man got out to intervene and drove off with his wife. The SUV ended up crashing into a ditch during a struggle over the weapon.

Sheriff’s Deputy Joseph Scholten encountered the two in another vehicle a short time later and arrested Johnson. He was charged with aggravated assault, second-degree kidnapping, domestic violence, trespassing and unlawful entry.

Johnson was also charged with being a habitual offender, which carries with it a sentence of five years to life.

In exchange for a pleas to the felony assault charge and trespassing, the remaining charges were dismissed, court documents show. Johnson entered Alford pleas, which meant he maintained his innocence but essentially agreed he could be convicted if he went to trial.

Johnson’s case came back before Mitchell for a jurisdictional review on Monday. Court records indicate Mitchell put Johnson on probation for four years, but ordered him held for another 180 days unless he passes a polygraph examination.