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PRICE — Judge George Harmond said he doesn't always see defendants with as much family support as James DeSean Lockard Jr.
"I'm going to give you a chance today, but this is a chance you have to grab with both hands," Harmond told Lockard. "This is a tremendous opportunity for you. ... Make sure you don't disappoint your family."
Harmond's comments came during Lockard's sentencing Monday in 7th District Court when he ordered that Lockard spend 180 days in jail for shooting at a vehicle during a road rage incident. The judge gave him credit for time served and also ordered him to serve 36 months of probation.
Lockard, 28, of Ocean Shores, Washington, was arrested in April for shooting at another vehicle while driving near Price, as well as transporting illegal drugs.
The victims reported that a Volkswagen Jetta with a Washington state license plate had cut them off, and the driver then brandished a handgun at them before firing several rounds, according to a police booking affidavit. No one was seriously injured.
Troopers searched Lockard's car and found "numerous illegal controlled substances … including over 50 fentanyl pills found in a handgun lock case" in addition to $2,800 in cash, according to charging documents.
Lockard was in the process of moving to Texas, according to police.
He later pleaded guilty to felony discharge of a firearm and possession of firearm by a restricted person, third-degree felonies; and two counts of possession or use of a controlled substance, class A misdemeanors. Six other charges were dismissed in a plea deal, including attempted murder, driving under the influence and use or possession of drug paraphernalia.
Harmond sentenced Lockard to two terms of zero to five years in prison and two terms of one year in jail and ordered them to be served concurrent, but then suspended those sentences in lieu of 180 days in jail and three years of probation.
He also didn't impose a fine, saying it's more important that Lockard focus on recovery than have a financial burden.
Lockard will serve his probation in Washington where he has family support, Harmond said.
Harmond said there's a "good reason" guns and drugs can't go together. While it's fortunate that no one was hurt in this case, his initial reflex was to give Lockard prison time, he said.
However, given that Lockard has no prior criminal history and that Adult Probation and Parole recommended probation, the judge said he decided to give Lockard a chance, but warned that if he fails, the consequences will be "fairly draconian."
Prosecutor Christian Bryner argued for prison time, saying that despite Lockard's lack of previous criminal activity, "This is a crime of a singular nature." Bryner said Lockard was traveling while high on methamphetamine and created a "significant" risk of death.
Bryner also said that while Lockard acknowledges he made a mistake, he doesn't seem to recognize that he could have destroyed someone's life.
Lockard "quickly and easily" reverted to violence instead of managing his problems, Bryner said, and is "not deserving" of probation. Prison time will send a message that Lockard's actions were not acceptable, he added.
Defense attorney Jeanne Campbell, however, argued that prison won't give Lockard any more insight than the last five months in jail have given him.
Lockard was traveling to Texas to with the intention of living with his sister and getting drug treatment, Campbell said. He wasn't in his right mind on the day of the incident due to his drug use, she said, and even spent over an hour trying to get away from the other car, which he believed was following him.
"He was very afraid for his life," Campbell said, adding it was "not his intention to harm anyone."
She emphasized that Lockard has no prior criminal history and said there's no indication he fired more than one shot.
Campbell said prior to the incident, Lockard lost his girlfriend — the mother of his child — to an overdose. He then lost custody of his child, and his grandmother passed away. In his grief, his drug use spiraled out of control, she said.
"This is the only incident in his life," Campbell said.
Lockard also addressed the judge briefly, saying he understands his actions weren't OK and that he could have harmed someone.
"I was not in my right mind," he said. "That's not who I am."
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