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Judge orders time served in battery case

by Keith Kinnaird News Editor
| May 8, 2013 7:00 AM

SANDPOINT — A Sagle man was sentenced Monday to time served for entering another man’s home, beating him and threatening to kill him if he reported the attack to authorities.

James Edward Johnson served 259 days in the Bonner County Jail following the incident last July, court records show.

Johnson, 48, allegedly attacked the man because he argued with Johnson’s girlfriend about her drug use and failure to pay rent, a probable cause affidavit alleged.

The victim sustained non-displaced fractures on both sides of his jaw during the attack, court records indicate.

Johnson was originally charged with aggravated battery and unlawful entry, but the battery charge was reduced to aggravated assault as part of a binding plea agreement. Additional charges of unlawful entry and being a persistent violator were dropped in exchange for a plea.

The persistent violator allegation stemmed from prior convictions for burglary and drug possession.

First District Judge Barbara Buchanan reluctantly bound herself to the terms proposed in the plea agreement, according to court documents. Buchanan said she was inclined to adopt the terms due to the length of pretrial incarceration, but expressed concern about the violence Johnson perpetrated.

Buchanan imposed suspended term of two to five years and fined Johnson $500.

He was also ordered to perform 100 hours of community service and pay restitution.