Man Must Finish Prison Sentence

An Athol, Idaho, man convicted of firing a gun into the home where his stepchildren were staying will have to finish serving his prison sentence, the Idaho Supreme Court ruled Tuesday.

In November 1993, Chuck F. Harper was accused of firing several rounds from a handgun into a home where his wife’s ex-husband and two children were staying.

No one was seriously hurt and police believe the shooting resulted from a dispute over the custody of the children. Harper’s wife, Marlis, lost custody of the children to her ex-husband a few days before the shooting.

Harper pleaded guilty to attempted voluntary manslaughter and possession of methamphetamine in 1994 as part of a plea agreement with the prosecutor’s office.

But a short time later Harper tried to take back his guilty plea, claiming he was mentally incompetent.

A judge would not allow him to take back that plea and instead sentenced him to 10 years in prison, making him eligible for parole after six years.

Harper’s attorney, Clayton Anderson, asked the Idaho Supreme Court to overturn Harper’s conviction, arguing that Harper should have been allowed to withdraw his guilty plea.

But the Supreme Court on Tuesday declared that Judge James Michaud made the right decision not to allow Harper to take back his plea.

, DataTimes