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LISBON -- A remorseful James Argentine accepted responsibility for shooting and seriously injuring Peter Feist of East Palestine the night of Feb. 11 in Rogers, then faced his sentence of four to six years in prison.
"I'm sorry -- to the victim, my family and everybody else. I'm not this kind of person," Argentine said.
The 49-year-old Farr Street, Rogers resident decided to skip the jury trial that was supposed to begin Tuesday and entered a guilty plea instead to the indictment for felonious assault, which is a second-degree felony charge.
He could have faced a maximum sentence of eight to 12 years in prison, but Columbiana County Assistant Prosecutor Alec Beech recommended the four to six years, with credit for 120 days already served in jail.
County Common Pleas Court Judge Megan Bickerton followed that recommendation.
"Very few people come in here and take full responsibility. That's what you've done," she told Argentine.
Feist wasn't able to be there, but Beech spoke on his behalf, saying his injuries will last a lifetime, affecting his ability to work. He just couldn't imagine how the defendant could do this to someone.
An affidavit filed in county Municipal Court after Argentine's arrest said an argument took place between him and the victim as Argentine was driving alongside Feist near the intersection of Farr Street and Church Street and then shot him, causing serious physical harm that required surgery.
Argentine had been jailed since February and was only recently indicted, prompting his defense attorney, Eugene O'Byrne of Canton, to file a motion to dismiss, claiming the indictment wasn't timely filed and violated his right to a speedy trial.
Last week, Bickerton denied that motion after Beech pointed to an amendment passed by the state legislature to the speedy trial rules in April. That section provides a 14-day window from the filing of a motion to dismiss to when the state can set a trial date in cases where there may be a try-by time issue. The 90-day try-by deadline expired sometime in the middle of May, before the indictment was issued.
The jury trial date was set within the 14-day window.
During the sentencing, O'Byrne said Argentine was taking responsibility for what happened.
"I think he consumed way too much alcohol that night," O'Byrne said.
"He made a horrible decision that night and he's going to pay a horrible price," he said.
In passing sentence, Bickerton said she must consider the seriousness of the crime and recidivism factors. She told Argentine that he could have been facing a murder charge and life in prison if the outcome of the shooting had been different. She also talked about the price being paid by the victim, noting "this will have a serious effect on the rest of his life."
As for recidivism, or the chance for this to happen again, she recognized Argentine's genuine remorse, his family support, and his lack of a record, with the exception of a previous DUI, and said "I don't believe anyone saw this coming."
Bickerton commented that Argentine took responsibility, he didn't blame anyone else or point the finger at anyone else.
"I think that speaks to the person you are," she said.
mgreier@mojonews.com