Man denied sentence reduction

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— Alfred Flood, who is serving two years in the Routt County Jail, asked the judge who sentenced him in November to reconsider the punishment he received for spitting on a Steamboat Springs police officer.

The 21-year-old Phippsburg man had his request denied after he made a passionate plea Wednesday afternoon.

Routt County Judge James Garrecht refused to reconsider or reduce the two-year jail term Flood received for pleading guilty to third-degree assault on a peace officer.

The class one misdemeanor carries a minimum mandatory jail sentence of two years.

"A mandatory sentence is a mandatory sentence," said Garrecht, who sentenced Flood Nov. 1 to the minimum sentence the crime required.

"At this point, I'm not inclined to reconsider the sentence."

Flood gave numerous reasons why Garrecht should have reduced his jail term that resulted because he spat on Officer Matthew Harmon in September.

Flood, who was intoxicated at the time of the arrest, was taken into custody after police received a report of a vehicle being driven with two flat tires.

On Wednesday, Flood pointed out to Garrecht that he shared a cellblock with an inmate who hanged himself.

"Jared Maynard was an inmate I shared a jail cell with," Flood said of Maynard, who hanged himself Oct. 29 and died two days later at a hospital. "We became friends.

"At the time, I was working out in a recreation room. When I came back to the cell, he was hanging in the room.

"I would like you to take into consideration that I went through that while I was incarcerated."

Flood also told the court he has been working at the jail, working in the kitchen, shoveling snow and doing laundry.

"I have been working very hard at being a good inmate," he said.

Flood also pointed out to the court that he misses his family and needs to pay fines and bills.

"I'm very remorseful for what I've done and for being a burden on this justice system," he said. "I have had time to dwell on the fact that alcohol has taken a toll on my life. I want nothing to do with that substance."

Another reason Garrecht gave for not reconsidering the sentence is he believes Flood received a generous plea agreement.

In return for the guilty plea to the third-degree assault, three counts of second-degree assault, a class four felony, and a bond violation were dismissed.

Another felony charge, second-degree assault, stemming from a June incident, was also dismissed.

The agreement was worked out by Flood's attorney, Ron Smith, and Deputy District Attorney Charles Feldmann.

"You had a series of cases," Garrecht said. "You could have went to prison.

"You were granted a lenient offer."

Feldmann argued against Garrecht reducing the jail term, claiming a mandatory jail sentence could not be reconsidered.

"The court does not have any discretion for the jail term," he said.

"The statute does not allow you to consider anything but the minimum sentence."

Smith disagreed.

"The statute does not restrict the court from reconsidering the sentence," he said. "The law allows for the court to suspend part of the sentence or reduce it."

Harmon was repeatedly spat on by Flood as the officer was driving the man to the county jail the early morning hours of Sept. 10.

At one point, Harmon had to pull the vehicle over and put a blanket over Flood's head.

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