A man stabbed someone with a box cutter near the Boise River. Here’s his sentence
A North Carolina man who assaulted another man near 9th Street and the Boise River could serve as many as four years in prison.
Fourth District Judge Jason Scott sentenced Richard Lemaster, 38, to one year and six months fixed, plus two years and six months indeterminate, meaning Lemaster is eligible for parole after the first portion of his sentence.
Lemaster was on meth when the incident happened, which could have impaired his perception of the events that followed, Scott said during his sentencing hearing Aug. 11.
Lemaster thought he was protecting a young man named Cody from a group of men who broke a watermelon on his head and discussed throwing him into the river, said Dave Smethers, Lemaster’s public defender, during the hearing. One of those men had a rock and attacked Lemaster, who defended himself, Smethers said.
The conflict between the two men began as a fistfight, said Denise Monn, Ada County deputy prosecutor, before Lemaster escalated it.
Monn and Smethers said Lemaster hit the other man with his cane, breaking it. Then he slashed and stabbed the man with a box cutter, Monn said.
Lemaster had a cane because he had physical disabilities, Smethers said, and he had a box cutter hanging on the outside of his backpack because he had a longstanding hobby of using it to carve walking sticks.
“It’s not like he armed himself and went to this altercation,” Smethers said.
Lemaster was charged with felony aggravated battery with enhancement for use of a deadly weapon, according to previous Idaho Statesman reporting. He pleaded guilty to the aggravated battery charge, court records show. The judge dismissed the enhancement.
Monn asked for a sentence of one year and six months fixed plus three years and six months indeterminate. She said Lemaster had multiple previous felony and misdemeanor convictions.
“He seems to not only struggle with substance use and alcohol use but a complete disregard for the laws which he’s supposed to be abiding by,” Monn said.
Smethers asked for a sentence of one year fixed and four indeterminate. Lemaster had almost served a year already, and would be transferred back to North Carolina, where he has a hold for another case and more support, Smethers said.
In a statement during the hearing, Lemaster said he believed that the man he hit was going to hurt him, and that he didn’t mean to hurt the man the way he did.
“I just want to go back home and try to get started again,” he said.
Scott, the judge, said Lemaster had a sizable criminal history. His sentence in Idaho would allow him to take advantage of treatment opportunities before heading back to North Carolina, Scott said.
Scott delayed ruling on restitution.
North Carolina man arrested, charged 3 months after stabbing near the Boise River
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