Prison ordered in lieu of probation

BONNERS FERRY — First District Court Judge Barbara Buchanan ordered a Boundary County man on March 2 to serve up to five years in prison for a weapons-related clash with law enforcement last summer near Old Hwy 2 Loop.

Timothy Christopher Durette, 45, was charged with felony weapon-unlawful possession of a convicted felon and felony part II-persistent violator in connection with the August 2016 incident.

According to reports, on Aug, 18, 2016, a Boundary County Sheriff’s deputy made contact with Durette at his residence and observed him carrying a high powered rifle. Durette also had a handgun strapped to his person and was wearing a bulletproof vest. When the BCSO deputy ordered him to relinquish his weapons, Durette reportedly responded with an epithet and refused to comply with the commands.

The Department of Corrections’ Pre-Sentence Investigation concluded that probation would be sufficient for Durette’s insubordinate actions, however Boundary County Deputy Prosecuting Attorney Tevis Hull disagreed and asked the court to impose a sentence of incarceration in lieu of probation. Hull submitted letters to the court from friends and family members who described Durette as being paranoid, and having increasingly violent, erratic, and unpredictable behavior, all while being in possession of a firearm. Hull emphasized that, according to the testimonies, Durette has been repeatedly breaking the law since at least 2008 by having possession of firearms.

Boundary County Defense Attorney Serra Woods asked the court to sentence Durette in accordance with the DOC’s recommendation. Woods stated that the interview had been conducted thoroughly and the DOC felt that Durette would be a good candidate for probation.

Buchanan disagreed and handed down a five-year sentence instead, stating that if Durette wouldn’t comply with the commands of an armed law enforcement officer, it’s unlikely that he would comply with a probation officer. Buchanan further expressed concern regarding Durette’s increasingly violent and paranoid behavior, as well as his prior criminal record out of California, which includes kidnapping and assault with a deadly weapon. Durette’s record indicates that he was charged in 1993 with three counts of felony assault with a deadly weapon in Riverside, Calif., and was charged again in 1998 with kidnapping in San Bernardino, Calif.

Durette will have to serve at least two years of the sentence before he can be considered for parole.