Prosecution deferred for woman shot by deputy

A deferred prosecution agreement has been reached for Michelle Gentry, the Columbia Falls woman who was shot by a sheriff’s deputy in October 2013.

Gentry, 55, had been charged with assault on a peace officer for allegedly pointing a gun at the deputy, who responded with a fusillade of 15 rounds. Gentry was struck twice.

Flathead Deputy County Attorney Alison Howard said the two-year deferred prosecution agreement was signed last week.

“The prosecutor has agreed to defer prosecution,” said George Best, Gentry’s attorney. “It means that they have recognized that they do not wish to proceed with prosecution of Michelle.”

The agreement stipulates that Gentry must remain a law-abiding citizen for the agreed-upon two years. She is not to possess any firearms and is to avoid alcohol, according to Best.

If Gentry abides by those conditions, the charge will be dismissed with prejudice, meaning that it can never be brought up again.

“We believe that this is something that should have been done from the start,” Best said. “We’re happy. We don’t believe charges should have been filed to begin with.”

Best said that his client now will file civil proceedings either in federal or state district court but couldn’t elaborate further.

Flathead County Sheriff Chuck Curry said that law enforcement doesn’t always agree with decisions made by the county attorney’s office, but it is that office’s discretion whether or not to prosecute.

“We have a criminal justice system, and I stress the word system,” Curry said. “There are lots of levels in the system for a reason. We are not the cops and the prosecutor and the judge.

“The county attorney’s office and our office do not always agree on prosecution decisions. However, that is their purview. It’s within their authority to make those decisions, not ours. So it is what it is.”

Gentry was charged after allegedly pointing a handgun at SWAT team member and sheriff’s deputy Caleb Pleasants on Oct. 10, 2013.

The SWAT team had been called to Gentry’s Eastland Crossing home after negotiators were unable to coax the reportedly suicidal woman from her home.

According to a report compiled by the Kalispell Police Department, Gentry had earlier told negotiators that if police came to her home, she would come out and make them shoot her.

When she did exit the house, Gentry reportedly aimed a revolver at officers while screaming, “Do it, do it, do it, do it [expletive] now.” The report does not say whether Gentry fired her weapon, only that it appeared she was trying to fire the gun at some point.

Pleasants opened fire with his AR-15 rifle, hitting the county’s armored Peace Keeper vehicle with the first volley before striking Gentry twice.

According to the report, Pleasants was unaware of Gentry’s intention to commit suicide by cop.

Pleasants was cleared by a shooting review board. He still is an active member of the SWAT team.

Gentry’s $10,000 bond was returned to her last month after Best filed a motion that was unopposed by the Flathead County Attorney’s Office.

Trial preparations were underway as late as Nov. 17.

“From our perspective, the county attorney agreed that it wasn’t in the best interest of justice to prosecute her,” Best said. “I could say there were motions pending and this and that, but if you want the true story, we both agreed that it wasn’t in the interest of justice to prosecute her.”

Reporter Brittany Brevik may be reached at 758-4459 or by email at bbrevik@dailyinterlake.com.