August 17, 2018 at 3:45 p.m.
Rhinelander man draws prison sentence for 2017 shooting incident
Rhinelander man draws prison sentence for 2017 shooting incident
Steven J. Fletcher drew the sentence from Branch II Judge Michael Bloom after pleading guilty to a reduced charge of attempted first-degree recklessly endangering safety, a class B, felony. He also drew nine months in jail for the class A misdemeanor of operating a firearm while intoxicated.
Fletcher was originally charged with attempted first-degree intentional homicide, armed burglary, possession of a firearm while intoxicated and disorderly conduct. He entered his pleas to the reduced charges on March 15 and the remaining charges were dismissed but read in for sentencing purposes.
According to the testimony of Oneida County sheriff's sergeant Brad Fogerty at the preliminary hearing, the victim in the shooting was asleep on the couch in his apartment when he awoke to find Fletcher standing inside the door.
"He noticed the door to the apartment open up and when he looked up, he observed a male standing in his apartment, in pretty close proximity to him," Fogerty testified. "At which point (the man) stated Fletcher stated in certain terms told him that 'you are dead,' at which point, a shot was fired in his direction."
He testified the victim rushed Fletcher, and after a brief struggle, managed to disarm him. The victim then took the .22 pistol to the apartment manager's residence and waited for law enforcement.
According to Fogerty's testimony, Fletcher and the mother of the victim, who was asleep in a bedroom in the apartment at the time of the shooting, had recently ended a relationship.
Also according to the preliminary hearing testimony, Fletcher did not attempt to leave the scene and cooperated with police when they arrived. This was one of several points that Fletcher's attorney Brian Bennett stressed in his argument for a lengthy probation sentence with jail time.
Bennett called two character witnesses on his client's behalf. They told Bloom that what happened that night in 2017 was way outside of the character of the man they know. Both witnesses testified that Fletcher has changed since suffering a brain injury in an accident, but is not violent. They said his abuse of alcohol - his blood alcohol level was .208 after his arrest - also contributed to his poor decision making.
Assistant district attorney Jillian Pfeifer argued the aggravating factors of the crime far outweigh other sentencing considerations. The most serious of those factors being that the victim could have been killed if struck by the bullet Fletcher shot at him.
Bennett argued that his client is remorseful and accepts responsibility for his actions, even if he does not remember them occurring. He said that what Fletcher needs is counseling for his alcohol addiction and other services that can be better provided to him on probation.
"The public need not fear Steven," Bennett said.
Before pronouncing sentence, Bloom reviewed the various factors he is required to consider. While a lot of those factors weighed in favor of probation over imprisonment, he kept circling back to the main facts in the case.
"What we're looking at here - and I'm going to repeat this a number of times before I'm done - the circumstances of this case involve the defendant entering the victim's home, at night, armed with a loaded firearm, in a state of drunken agitation, pointing the gun at another human being and pulling the trigger," he said.
Based on the testimony of the two witnesses and numerous letters of support written on Fletcher's behalf, Bloom said he doesn't believe this behavior is typical for the defendant.
There is no other explanation for what happened other than Fletcher's level of "voluntary intoxication," he concluded.
He added that "voluntary intoxication," while often a cause of criminal behavior, is not a legal defense for crimes committed while inebriated.
"It was something inside of Mr. Fletcher that the alcohol brought out," Bloom said. "And while that 'thing' is not representative of Mr. Fletcher's character, it's clear that it was there."
And no matter what the cause, Fletcher did shoot at the victim, he stressed.
"We can't have that," Bloom said. "We can't."
He later added that while it may not seem like Fletcher "deserves" to go to prison, the facts of the case demand he spend some time behind bars. Just before adjourning the case, Bloom had one final comment for Fletcher.
"Mr. Fletcher, you may have noticed when I speak during my comments, I'm often looking at my (computer) screen, looking off or looking somewhere else," the judge said. "But when I actually pronounced sentence, I looked you in the face. There is only one person in this room that knows what it feels like to look a person in the face and tell them they have to go to prison. Yet that's what I'm doing, and I feel the person I'm sentencing is entitled to have me look them in the face. It's not a pleasant thing, good luck to you."
If convicted of the original attempted homicide charge, Fletcher could have been sentenced to up to 60 years in prison.
Jamie Taylor may be reached via email at jamie@rivernewsonline. com.
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