Man sentenced to 15 months in prison for April shooting
A man was sentenced to more than a year in prison Monday for shooting another man earlier this year.
Daniel A. Utter, 37, pleaded guilty to a second-degree assault charge, which was downgraded from first-degree assault. Judge Michael Price sentenced Utter to 15 months.
The charge stemmed from an incident after midnight on April 9 when Utter shot a man twice near the 2900 block of East Queen Avenue after the man allegedly threw a large object at Utter’s vehicle, according to court documents and police.
The victim was shot in the hip and the leg and survived the shooting. Utter was arrested at his residence not far from the shooting about 25 minutes after it was reported.
Utter could have claimed self-defense, but “had we lost, he would have been facing a significant amount of time,” his attorney, Benjamin Hartnett, told the court.
Utter was in a dark place at the time of the incident, he said.
“There is no doubt he wants to change for the better for his son and his wife,” Hartnett said. “I think he’s going to rebound from this.”
Hartnett told the court Utter’s plea deal was “highly negotiated.”
“This was wise to accept these recommendations, sir, under these circumstances,” Price said to Utter, who did not make a statement.
During the sentencing, Utter and his wife, who was seated in the courtroom, mouthed “I love you” to each other before he was taken back to the jail.