A 35-year-old Lewiston man was sentenced to 3½ to 9½ years in prison after being found guilty by trial of aggravated battery.
Zachary B. Wheeler was convicted by a jury of aggravated battery for striking Christian Reel on the left forearm and/or behind the left ear with a bat over a dispute about using a vehicle that Reel co-owned with Wheeler’s girlfriend. Wheeler was also charged with aggravated assault in the case, but that charge was dismissed, according to court documents.
Wheeler was sentenced July 31 by 2nd District Judge Mark Monson at the Nez Perce County Courthouse to serve 3½ to 9½ years in prison; after 3½ years he could be eligible for parole and the total sentence wouldn’t exceed 10 years. He was also given credit for 274 days served. Wheeler will pay $245.50 in court costs, $5,000 to Reel and $1,320.90 for damage to the vehicle, according to court documents.
The maximum penalty is 15 years in prison as well as a $50,000 fine.
Wheeler was found guilty after a two-day trial in April of aggravated battery. He was also found to be a persistent violator with three other felony convictions of assault, taking a motor vehicle without permission and unlawful possession of a firearm in Thurston County, Wash., according to court documents.
Wheeler through his public defender Payden Ard filed a motion for mistrial after an objection during the trial was denied when Wheeler made statements about the “violent nature” of his past convictions. During cross-examination Wheeler “nonchalantly” admitted that he was a convicted felon in response to an unrelated question. The objection was overruled because Wheeler had opened the door to the questions, but Ard argued it created an unfair trial, according to court documents.
Nez Perce County Deputy Prosecutor Kali Jo Parker argued in response that the motion didn’t fit the reasons outlined in Idaho code for a new trial and asked that the request be denied. She argued that Wheeler, even though it was in error, opened the door to the questioning, according to court documents.
Monson denied the motion for mistrial in June.
