A man indicted for attempted murder pleaded guilty to an amended charge of aggravated battery.
Timothy W. Allen, 43, of Kuna, Idaho, appeared Tuesday before 2nd District Judge Michelle Evans at the Nez Perce County Courthouse.
Along with Robert LaPlante, of Clarkston, he was indicted by a grand jury in October for attempted murder of Loyal Otis Dickson Jr.
Allen testified against LaPlante in his trial in March, when LaPlante was convicted of attempted murder. LaPlante was sentenced in May to 25-50 years in prison, which he is appealing.
Allen’s amended indictment was filed June 25 and states that Allen caused great bodily harm and disability or permanent disfigurement by striking Loyal Otis Dickson Jr., according to court documents.
Allen agreed to a Rule 11 plea agreement, which if it’s not followed by the judge Allen can revoke his guilty plea and the case will go to trial.
The Rule 11 agreement states that Allen will be sentenced to a determinate period of two years, plus an indeterminate period of eight years, for a total sentence of 2-10 years in prison.
Other terms of sentencing are up to the court’s discretion. The agreement was signed June 25 by Allen, Chief Deputy Prosecutor April Smith and public defender Rick Cuddihy, according to court documents.
When Evans asked how he was pleading, Allen said guilty, twice. Evans asked why, and Allen said, “because I struck violence on Otis Dickson.”
Evans asked Allen and his public defender Joe Schumacher a series of questions, including if Allen had been honest with his attorney, and Allen replied “Completely, 100%, ma’am.”
Schumacher asked Evans to schedule sentencing as soon as possible and Allen waived his right to a presentencing investigation.
Evans scheduled Allen to be sentenced Aug. 1 and asked Nez Perce County Deputy Prosecutor Jazz Patzer to provide her with Allen’s criminal history.
Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.