Timothy W. Allen, a co-defendant of a man convicted for the attempted murder of Loyal Otis Dickson Jr., was sentenced to 2-10 years for an amended charge of aggravated battery.

Second District Judge Michelle Evans imposed the sentence for the 43-year-old Kuna man Thursday at the Nez Perce County Courthouse. The sentence was part of a negotiated rule 11 plea agreement. A rule 11 plea agreement means the judge has to follow the agreement or the defendant can revoke their plea and the case will proceed to trial.

The sentence means that Allen will serve a minimum of two years before he is eligible for parole, with a potential additional eight years, for a maximum of 10 years. Evans gave Allen 304 days credit for time served and implemented a no-contact order between him and Dickson. Evans also ordered Allen to pay court costs of $245.50, but didn’t order other fines and fees because she wanted the priority of Allen’s funds to go to the $5,000 civil penalty that will be paid to Dickson and his family.

Allen was indicted by a grand jury in October for the attempted murder of Dickson in July 2023 along with Robert LaPlante. Dickson was attacked and beaten with numerous injuries to his head. Allen’s charge was later amended to aggravated battery as part of a guilty plea and he pleaded guilty July 16.

Allen also testified against LaPlante at his trial in March. LaPlante was found guilty of attempted murder and sentenced to 25-50 years in prison. LaPlante is appealing to the Idaho Supreme Court.

Both Nez Perce County Prosecutor Kali Jo Parker and public defender Joe Schumacher asked Evans to follow the recommendation in the plea agreement.

“Mr. Allen has more than fulfilled his end of the agreement,” Schumacher said.

Evans said that while she wasn’t the presiding judge in LaPlante’s trial she was present for his testimony against LaPlante.

“The nature of the injuries to Mr. Dickson is just,” Evans said, pausing for a moment before continuing, “mind-boggling, how severe they were.”

Members of Dickson’s family were in court and his son, Anthony Dickson, gave a victim impact statement. He told Evans that Allen “took away” his father and other family member’s brother, uncle and grandfather. Anthony Dickson noted that even though Allen didn’t take his father’s life, Dickson’s life expectancy is five years because of the extent of his injuries.

Evans acknowledged those injuries and the effect on Dickson’s family when she addressed Allen before sentencing. She said even though Dickson is alive, with a decreased life expectancy his ability to live that life is not what it was before the attack.

“The level of what (Dickson’s) life is now has changed so dramatically,” Evans said. “I feel so much sympathy for Mr. Dickson and his family and what they’ve had to deal with.”

Evans said that in addition to the injuries, the family also had to deal with a trial for LaPlante and not knowing Allen’s level of involvement in the attack. She hoped Allen’s sentence would give them “some level of closure.”

Allen also spoke in the courtroom and apologized for his actions. He said he was sorry for being a “menace to society” and for his “reckless endangerment” for other people. But he wasn’t sorry he got caught. He said there’s nothing he can say to justify his behavior or to make amends for his actions against Dickson.

“I’m pretty sure this will haunt me for the rest of my life,” Allen said. “I’m sorry to everyone involved who had to put up with my crap behavior.”

Evans told Allen she appreciated what he said and that he agreed to cooperate with prosecutors for LaPlante’s trial. Those actions showed Evans that Allen accepted responsibility.

“It certainly doesn’t negate the level of injury to Mr. Dickson,” Evans said. “There’s nothing you can do to reduce that.”

Evans said his actions in the attack “cries out” for a prison sentence. She noted that the maximum penalty for aggravated battery is 15 years and his plea agreement is only two-thirds of the maximum sentence.

Allen waived his right to a presentencing investigation report but Evans received a copy of his criminal history which included Idaho, Washington and Montana. She noted that he had his first misdemeanor in 2000 and his first felony in 2010 as well as thefts and assaults in Washington.

“You certainly do have a checkered past,” Evans said.

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.