Man involved in standoff sentenced

Zach Torres choked back tears Friday in Flathead District Court as he apologized to the police officer he was found guilty of endangering after firing a bullet in his direction during a 2009 standoff.

"The fear of not seeing his child or family again must have been overwhelming," Torres read from a prepared statement.

District Judge Stewart Stadler later waived minimum sentencing requirements and announced that Torres would be committed to the Montana Department of Corrections for eight years with all but three years suspended.

Stadler said he'd suggest Torres be held at a prerelease center, where he will eventually transition back into the community and be placed on probation.

The decision came after more than a dozen of Torres's friends and family members testified at a sentencing hearing that began May 16 and ended Friday after a three-month delay.

Torres, 30, was arrested on the night of May 28, 2009, after a standoff at his home on Howard Drive that drew the SWAT teams of both the Kalispell Police Department and the Flathead County Sheriff's Office.

Police say Torres kicked in the door to a home on Ashley Drive and forcefully took his wife to his home on Howard Drive, assaulting her in the process. Police surrounded the home and a standoff ensued.

At one point, a bullet was fired from the second floor of the home through a glass door. Torres has said it was an accidental discharge, but prosecutors allege it was an attempt to scare the officers.

Torres was convicted of burglary, aggravated assault, assault on a peace officer and criminal endangerment Jan. 14 after a week-long trial in Flathead District Court.

On Friday, the testimony of several character witnesses focused on his ex-wife, an immigrant from Costa Rica.

Torres's mother said that her son's wife would often go into a jealous rage. She said she noticed a negative change in her son's life due to her influence. The relationship could be described as "Dr. Jekyl and Mrs. Hyde," she said.

She further testified that Torres' wife had admitted to formerly being a prostitute and cheating on him on the day of his arrest. She requested that her son be sentenced to time served, which as of Friday was 273 days in the Flathead County Detention Center.

Deputy Flathead County Attorney Alison Howard asked that Torres be sentenced to 20 years in Montana State Prison with 10 of those years suspended. At an earlier hearing, she called several Kalispell Police officials to the stand, including Chief Roger Nasset, who asked that Torres be sent to prison.

Ultimately though, Stadler said Torres did not need to spend time in prison to learn from his mistakes.

Agreeing with an earlier statement by Torres's attorney John Quatman, Stadler acknowledged that Torres has no criminal history and appeared to be an upstanding citizen prior to May 28, 2009.

"Other than five hours, you've had a fairly, not just a fairly, but an exemplary life," Stadler said.

Normally, convictions for aggravated assault and assault on a peace officer carry a mandatory minimum prison sentence of two years.

Stadler utilized an exception for the mandatory minimum and found that the crimes were committed while Torres was under substantial and unusual mental duress.

"I don't think you belong in Montana State Prison," Stadler said.