Costa gets 40 years in prison

Admitted firing five shots at a man in a vehicle

A man who admitted firing five shots at a man in a vehicle in Evergreen this spring was sentenced to prison Friday in Flathead District Court.

Albert Costa, 32, was sentenced to 40 years in prison with 20 years suspended after apologizing to the man - who wasn't hurt, even though Costa's shots ripped into the window and driver's door of the vehicle and barely missed the driver.

"It wasn't anything personal, O.K.? I wasn't truly trying to kill you," Costa told the victim in the courtroom.

During three hours of testimony, Deputy County Attorney Dan Guzynski presented Costa as a dangerous man while defense attorney Brad Aklestad described him as a frightened victim who overreacted after a previous assault.

District Judge Stewart Stadler described Costa's shooting as "an extreme act of violence."

Costa earlier pleaded guilty to attempted mitigated deliberate homicide.

He said he was at an acquaintance's house at Meadow Manor Trailer Court in February when three men kicked down the door and beat up the three people in the home, including him. Costa's friend needed 43 stitches to close a knife wound in his face that cut off part of his nose, Costa said.

After that, Costa bought a gun.

Two weeks later, he said, his friend called to say the assailants were back at the house and he needed Costa to come and take him, his girlfriend, and her children to safety. Costa loaded his pregnant girlfriend in his car and went to the house.

When Costa arrived at about 1:30 a.m. on March 8, he said he saw a man in a vehicle outside his friend's home and believed the man could be one of the previous attackers. He went to investigate and says he was followed by another man. Someone shot at him, he said, and he emptied his gun at the vehicle.

He turned himself in to authorities the next day.

Sheriff's detective Paul Lebert testified investigators found five shell casings from Costa's .380-caliber gun, but no evidence any other shots were fired.

The victim said he was in the mobile-home park because he believed drug activity was happening there and he took it upon himself to try to record license-plate numbers and vehicle descriptions in his personal campaign against drugs.

He said he saw "a person running at me" and he decided to drive away. As he left, the bullets struck his vehicle.

"Mr. Costa tried to kill me, plain and simple," he testified.

Guzynski scoffed at Costa's contention that he was not involved in drug use and activity here.

"This is a new chapter in Flathead County. This shooting arose out of the use of methamphetamine," he said.

"His story makes no sense. The defendant has no credibility."

Aklestad, from Shelby, told Stadler that "I don't think this court can underestimate the fear Albert Costa felt after being assaulted."

Stadler said the only reason the victim was not killed by Costa's gunfire was luck. He called the shooting a "serious, serious offense.

"The harm caused to [the victim] and this community is extreme," he said.

A felony warrant remains in California for Costa's arrest in an unrelated matter.