![Crow]()
Crow
BY JIMMY HANCOCK
jhancock@journalnet.com
A Chubbuck man sentenced in Bingham County last year to 15 years in prison for attempted first-degree murder was denied his appeal by the Idaho Court of Appeals. Lawrence James Crow was originally charged in July 2010 with attempted first-degree murder and domestic battery, both felonies.
According to court documents, Crow shot a then 23-year-old woman in the arm during a domestic dispute. He also chased the woman throughout a Blackfoot home, shooting through the door of a bathroom in which the woman sought refuge.
After a lengthy preparation for trial, Crow ended up pleading guilty to attempted first-degree murder in March of last year. The domestic battery charge was dismissed.
Crow was sentenced in May to nine years fixed and six years indeterminate in prison by Seventh District Judge Darren Simpson. He filed a Rule 35 motion seeking a reduction in that sentence. Simpson denied the motion.
The defendant then appealed his sentence to the Idaho Court of Appeals, which returned its unpublished decision on Tuesday affirming Crow’s sentence. It did, however, reduce the $5,000 fine Simpson levied to just $2,500, the maximum that was allowed under Idaho statute as it pertains to a civil judgment for the victim.
In Crow’s appeal, which sought a reduction in his sentence, several reasons were given for what it called an excessive sentence, including the opinion that Simpson failed to take into account that it was the defendant’s first felony offense, that he was just 22 years old at the time of the crime, that he has strong family support, a good work history, is not a danger to the general public, demonstrated remorse for his actions, suffers from a substance abuse problem but wants to lead a sober life, and was recently diagnosed with a mental disorder.
In its decision, the Idaho Court of Appeals said that Simpson did consider all those factors “but was primarily concerned with protection of society, followed then by punishment and rehabilitation.
“The district court recognized the premeditated nature of this crime. Crow obtained the gun, pointed it at the victim, told the victim it was for her, and stated if he could not have the victim, no one else would. Crow then shot the victim and shot through the bathroom door where the victim was hiding.”
The Idaho Court of Appeals said at issue was not whether the sentence is one that it would impose, but if it were one that is “plainly excessive under any reasonable view of the facts.”
The court determined Simpson had not abused his discretion in sentencing Crow.
