Partlow gets suspended sentence

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John M. Steiner / The Sun Michael Partlow addresses the court Monday during his sentencing after being charged with pointing a shotgun at Jamestown Police Department officers. Looking on is Partlow’s appointed attorney, Tatum Lindbo.

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Michael Partlow apologized for the incident that led to Jamestown Police Department officers shooting him in the early morning hours of Sept. 19, 2010.

The apology came during sentencing Monday, where Partlow received a two-year suspended prison sentence and five years of probation in Southeast District Court.

“Am I sorry for drinking that night?” he said. “Yes, I’m sorry this affected so many people.”

The sentencing follows his March 17 conviction for terrorizing, a Class C Felony.

The situation resulted from a night of drinking that led Partlow to become suicidal. He was charged with pointing a loaded gun at the officers who responded to the call. The officers fired on him, causing several wounds.

Fritz Fremgen, Stutsman County state’s attorney, had requested two years in prison and five years of probation.

“I don’t think he thought about anyone else when he went out with a loaded shotgun,” he said. “The officers responded to a report of a suicidal person and had to make a decision if they would shoot or be shot.”

Fremgen said Partlow would be prohibited from owning or using a firearm during the probation.

A Class C felony is punishable by a maximum of five years in prison and a $5,000 fine.

Tatum Lindbo, defense attorney, had asked that he receive a deferred imposition of sentence in the case. It would mean that, once completed, Partlow’s record would be as if he’d never been convicted.

“There are a lot of things at issue but the severity of the injuries to Mr. Partlow are not at issue,” she said. “He has been keeping up with his therapy for the 18 months since the incident. He is now off all antidepressants and has been released from therapy. He is very spiritually connected with the church and his family.”

Lindbo also recommended at 360-day sentence with all the jail time suspended if the court was not willing to consider the deferred imposition.

“A 360-day suspended sentence would be a misdemeanor by disposition,” she said. “A permanent felony conviction has a lot of consequences.”

Judge Thomas E. Merrick recognized the severity of Partlow’s wounds.

“The reason there is no jail time is because of the injuries,” he said. “But you will have a felony record because you earned a felony.”

Lindbo was satisfied with the sentence.

“We’re happy, this is a good thing,” she said. “He is excited to get his life started.”

During his statement Partlow said he intended to work in electronics and become a part-time minister.

Sun reporter Keith Norman can be reached at 701-952-8452 or by email at knorman@jamestownsun.com

Tags: local news, news, court