Man sentenced in home invasion case

SANDPOINT — A Bonner County man will be serving at least two-and-a-half years in prison after taking a plea deal on home invasion robbery charges.

Joseph Vencil Kluck Jr., 22, was sentenced to a two-and-a-half year of a fixed prison term and seven-and-a-half years of an indeterminate term. The sentence follows initial charges of attempted murder, robbery, second-degree kidnapping and unlawful possession of a firearm stemming from a home invasion robbery against a 57-year-old Elmira man.

At his sentencing, Kluck apologized to the victim. Instead of prison time, he asked to be considered for a rider program to help him deal with a drug problem and remain in his daughter’s life.

“I would like to apologize for my actions,” he said. “I didn’t make very smart decisions.”

His defense attorney, Dan Taylor, said he believes his client is sincere in his desire to reform his life. Considering he is still a young man and a new father, Taylor reasoned time was on Kluck’s side.

“I think he’s at a point where it’s not too late to turn his life around,” Taylor said.

Prosecuting attorney Louis Marshall, on the other hand, said a prison term is essential for a crime that resulted in a man coming perilously close to death. The victim, after escaping his bonds, was fired upon by Kluck’s accomplice. While the bullet only grazed the victim’s cheek, the difference between life and death was extraordinarily narrow, Marshall said.     

“(The victim) came within an inch of his life,” said Marshall.

Judge Charles Hosack opted to give Kluck a relatively light fixed prison sentence and a lengthier indeterminate term. Given the violent nature of the crime, prison time is necessary to protect society from a threat, Hosack said. However, if Kluck is sincere in turning his life around, he will have the opportunity to reduce his prison time through good behavior.

“I don’t feel you’re beyond what you say you want to do,” Hosack said.

The attack, which occurred March 10,  resulted when Kluck and 19-year-old Joseph Eugene Cleveland gained entry to the victim’s home by claiming to be law enforcement officers. The man was then bound, blindfolded and later doused in gasoline. The pair collected some of the man’s property, and afterward, Kluck allegedly told Cleveland to “take care” of the victim. Cleveland later testified to firing a gunshot through the window that grazed the man’s cheek.

Kluck and Cleveland returned to their vehicle where a third individual, 22-year-old Jonathan Lee Comstock, awaited them, apparently unaware of their activities. They ended up in a Sandpoint home, where law enforcement tracked them down. After a standoff, the trio was forced from the premises with tear gas.

 As the individual who actually pulled the trigger in the attack, Cleveland received a heavier sentence. According to court records, he was sentenced in May to five fixed years of prison and 10 indeterminate years.

Kluck’s past criminal record is substantial in both Washington state and Idaho. He was convicted in 2009 of second-degree child molestation for raping a 13-year-old girl in King County, in addition to charges of reckless burning, theft, criminal trespass, assault and malicious mischief.