Wednesday, March 15, 2006
Steamboat Springs A homeless man pleaded guilty to misdemeanor third-degree assault in Routt County Court on Wednesday and was sentenced to one year of supervised probation.
Herbert Andrew Allaire, 61, was arrested July 9 after he hit a pedestrian on Lincoln Avenue.
Police reports indicate that an intoxicated Allaire was standing in front of a downtown restaurant when a man parked his car next to the curb where Allaire was standing. Allaire reportedly told the man to move his car, and he became enraged when the man refused to do so. Allaire reportedly knocked the man's glasses off his face and scratched his neck.
During Allaire's first court appearance last July, County Judge James Garrecht told Allaire that Deputy District Attorney Tammy Jenson had offered a plea to Allaire in which Allaire would plead guilty to third-degree assault, dismissing the disorderly conduct charge he also was facing.
Allaire insisted he did nothing wrong and refused to acknowledge the offer.
Garrecht entered a not guilty plea on behalf of Allaire and originally scheduled the matter for a trial in October.
In the interim, Allaire was sent to a Pueblo hospital for a mental health evaluation. Allaire returned to Routt County to face the assault charges.
During his court hearing Wednesday, public defender Emily Wickham, who is representing Allaire, told Garrecht that Allaire now wanted to take advantage of the plea offer to get his case resolved Wednesday.
Allaire pleaded guilty to the third-degree assault charge and had the disorderly conduct charge he was facing dropped.
Garrecht told Allaire he would not sentence him to more time in jail because Allaire had been in custody for almost eight months.
Instead, Garrecht sentenced Allaire to one year of supervised probation and ordered him to continue taking the medications that were prescribed to him during his treatment in Pueblo.
Garrecht also waived the usual court costs assigned during a sentencing, saying he knew Allaire did not have the resources to pay them.
Allaire was released from Routt County Jail on Wednesday.