Prison ordered in assault case

SANDPOINT — A Washington state man accused of kidnapping his wife at gunpoint late last year has a chance at avoiding a lengthy prison term.

First District Judge John T. Mitchell sentenced Damon Eugene Johnson to five years in prison on Monday, but retained jurisdiction over the defendant. That means Johnson will be eligible for probation after serving a year in prison.

However, if Johnson does poorly while incarcerated, he could be ordered to serve the five-year term.

Johnson, a 35-year-old from Spokane, was charged with aggravated assault, second-degree kidnapping. He was further charged with being a persistent violator due to prior convictions in his home state, which could have resulted in a sentence of five years to life.

The charges arose from a December 2012 incident in which Johnson allegedly ambushed the mother of his child as she left her Bonner County home with a male acquaintance. Johnson, who was reportedly armed with a pistol, confronted the two as they departed in a sport utility vehicle, prompting the male to get out in order to speak with Johnson.

The alleged victim told sheriff’s officials that she moved into the driver’s seat in order to drive away, but Johnson reached in through the window, grabbed her by the hair and put the gun to her head, according to a probable cause affidavit.

Johnson reportedly shoved the woman back into the passenger seat, got behind the wheel and drove off. The SUV later crashed as the two struggled over the weapon and were spotted by Deputy Joseph Scholten, who thwarted the attempted abduction.

In exchange for an Alford plea to the felony assault charge, the kidnapping and habitual offender charges were dismissed. Under such a plea, a defendant does not acknowledge guilt but acknowledges prosecutors have enough evidence to gain a conviction.

Johnson was given credit for 98 days he served awaiting trial and was ordered to undergo conflict resolution counseling while incarcerated, court records indicate. He was also ordered to submit to a full-disclosure polygraph examination regarding past domestic violence before he can be considered for parole.