District court roundup: Man who fired shots on Dell Range gets deferral

Aug. 17—CHEYENNE — A man who fired shots in the busy Dell Range retail area about a year ago and pointed a gun at a man was sentenced Monday in Laramie County District Court.

Judge Steven Sharpe deferred judgment under Wyoming statute 7-13-301 on a felony charge committed by Harley M. Cole. If Cole successfully completes three years of supervised probation, the charges may be dismissed by the court.

Sharpe also sentenced the man to one year of supervised probation, with a suspended sentence of one year in jail. This will run concurrent with Cole's probation time for the felony charge.

Cole pleaded guilty in April to possession of a weapon with intent, a felony, and reckless endangering, a misdemeanor.

Assistant Laramie County District Attorney Steven McManamen said in court on Monday that the deferral applied only to the felony charge. The assistant DA said the reckless endangering charge would stay on Cole's criminal record.

Ericka Smith, defense counsel for Cole, said before sentencing that Cole has a minimal criminal history, with just charges from when he was a minor, as well as a ticket for underage drinking nearly a decade ago when he was 18.

Cole was arrested last August after he was accused of firing shots from a moving vehicle at businesses on Dell Range Boulevard, and of pointing a gun at another man who was in the area. He was originally charged with aggravated assault and battery (threatening with weapon), as well as reckless endangering. The charges were amended on April 20.

"I just don't have any reason to believe you'll ever see him (in court) again," Smith said of Cole during Monday's court hearing. "This has been a hard process, and all he wants to do is be a good dad and work hard, and during his (monetary) bond, that's all he's done. He doesn't go out, he doesn't do anything."

Speaking before sentencing, Cole apologized to the victim. He said the incident had been "a wake up call" about the possibility of losing the privilege to see his young daughter.

"It is a super scary situation, super humiliating and just wrong," he said. "I fully understand the dangers I put the community in and the harm I could have caused to others and innocent families in the city."

Judge's remarks

Sharpe said before sentencing Cole that he'd considered giving the man jail time, but that he would not do that. The jurist noted Cole has "a good job" and "a family with a daughter that you need to be able to support."

"To say that your actions were dumb is almost an understatement — thoughtless, reckless," the judge said.

The crime seemed to be "completely out of character" for Cole, Sharpe continued. "What motivated those decisions, I don't know. I don't have the ability to look into somebody's heart and to know if they're being genuine and sincere with me, but you certainly appeared to me to be somebody who's learned a lesson as a result of this."

On Aug. 27, Cheyenne police officers were dispatched to a report of shots fired near the intersection of Dell Range Boulevard and Ontario Avenue. A witness said a man, later identified as then-27-year-old Cole, had pointed a handgun out the window of a car and fired two shots, according to a probable cause affidavit.

Information released by the Cheyenne Police Department after Cole's arrest alleged he had "fired shots in the direction of several local businesses while traveling east on Dell Range."

"The driver of a passing pickup truck reportedly noticed the firearm, notified police, and proceeded to follow the (vehicle) to a residence near the 6700 block of Braehill Road," a CPD news release said. "Cole then pointed his firearm in the direction of the truck driver."

Also Monday:

Judge Sharpe sentenced Scott Dearold Bressette in four separate cases.

In all, he received three years of supervised probation. Seven to 10 years of prison time could be invoked if he does not successfully complete probation.

Sharpe ordered Bressette to pay $2,267.28 in restitution. He will be subject to several conditions, including a requirement he complete mental health and substance abuse evaluations and attend any recommended treatment.

Before his sentencing, Bressette pleaded guilty, pursuant to an Alford plea, to two charges in the most recent case. He entered the plea to felony unlawful entry into an occupied structure and misdemeanor unlawful contact (touching).

An Alford plea allows a defendant to accept the consequences of a guilty plea without having to admit guilt, while also admitting the prosecution could likely prove the charges against them in a jury trial.

Bressette's court-appointed counsel, State Public Defender Diane Lozano, said the Alford plea was for Bressette "to proceed to sentencing and hopefully be able to enter into treatment as soon as possible."

Sharpe said Bressette's most recent charges were "concerning," but that he was willing to give Bressette "an opportunity on probation." Sharpe went along with a plea agreement previously reached in the case.

In the most recent case, Bressette was accused of entering an apartment the evening of March 10, 2021, and looking for a man who was not there while holding a metal baseball bat that belonged to the occupants. While entering, he pushed and nearly knocked over the occupant who had opened the door for him, according to a probable cause affidavit.

He was given three years of supervised probation, with a suspended sentence of seven to 10 years in prison, for the felony charge. He was sentenced to 180 days of time served for the misdemeanor.

Judge's warning

"I don't think I need to tell you that, given your history and given the road we've traveled so far, that if you're back before this court on a revocation, the court's not likely to give you many more breaks," Judge Sharpe told the defendant during Monday's hearing.

Bressette and Lozano attributed Bressette's criminal behavior to drug use, mental health issues and not being properly medicated at the time for a thyroid problem.

Assistant DA McManamen noted during the hearing that Bressette has a criminal history that spans close to 40 years, and that "he seems to be quite the drain on taxpayer resources and a danger to the community, and has been for most of his entire life." However, McManamen said the state would stand by the plea agreement to give Bressette the opportunity to "address his addiction issue."

All parties agreed that having the seven-to-10-year prison sentence hanging over him may motivate him to successfully complete probation and receive drug treatment.

Bressette also had pleaded guilty in March 2021 to felony possession of methamphetamine and misdemeanor theft, stemming from two separate cases. For these, he received three years of supervised probation, with a suspended sentence of two to four years prison, and another sentenced of 180 days of credit for time served. These were concurrent to the sentence for the most recent case.

Four additional felony drug charges, a misdemeanor drug charge and a felony receiving stolen property charge were dismissed at sentencing, per the plea agreement. The misdemeanor theft charge was previously reduced from two felony forgery charges.

In the felony possession case, Bressette was found to have 8.3 grams of methamphetamine, along with other controlled substances and drug paraphernalia, during a March 2020 traffic stop by a Laramie County Sheriff's deputy, according to court documents.

In the misdemeanor theft case, Bressette passed two counterfeit $50 bills at a convenience store in February 2020, court documents said.

Another 2020 case, in which Bressette had been charged with felony receiving stolen property, was dismissed at sentencing as part of the agreement.

Hannah Black is the Wyoming Tribune Eagle's criminal justice reporter. She can be reached at hblack@wyomingnews.com or 307-633-3128. Follow her on Twitter at @hannahcblack.