Man Sentenced for Gun Grapple

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POCATELLO -- A Burley man who attempted to take a firearm from an officer during a scuffle in April was sentenced Tuesday to a two-year fixed, three-year indeterminate sentence.

Adam W. Harper, 22, Burley, was arrested April 6 after officers responded to a domestic violence call on Freeman Lane and encountered Harper. Police reports indicated that Harper got into a scuffle with one of the officers and attempted to take his weapon. A second officer arrived and tasered Harper three times before he became compliant.

Harper was charged with a felony for attempting to take the officer's firearm, as well as misdemeanor resisting and obstructing an officer, battery on a law enforcement official and battery.

Harper previously pleaded guilty to the felony count, as well as to the misdemeanor battery on a law enforcement official and misdemeanor battery. The resisting and obstructing charge was dismissed by the prosecutor.

At Tuesday's sentencing, Sixth District Judge Peter D. McDermott rebuffed Harper's request for probation on the felony charge of trying to wrest the gun from the officer.

"Just going for it shows you need to be corralled in a little bit," McDermott said. "I don't think this kind of conduct warrants probation."

McDermott noted that Harper's belligerence required his being tasered three times.

"You need a little more structure and a little more training on how to control your temper," McDermott said.

McDermott sentenced Harper to a two-year fixed, three-year indeterminate sentence. The court retained jurisdiction, allowing Harper admittance to a six-month rider program which addresses underlying problems of criminal behavior in a nonprison setting. A positive recommendation upon completion is often the basis for a judge granting probation in lieu of prison.

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