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Suspect seeks to withdraw Alford plea in shooting case

by The Daily Inter Lake
| March 9, 2015 9:00 PM

A man accused of murdering his neighbor in Marion in 2014 is seeking to withdraw his plea ahead of a sentencing hearing.

Mark Bolton Ames, 53, entered an Alford plea in September to a felony count of mitigated deliberate homicide. He would face a sentence of up to 40 years and $50,000 fine on that charge. With an Alford plea, the defendant pleads guilty while maintaining innocence, but acknowledges that the court has sufficient evidence to prove the charge.

Now Ames has filed to dismiss his two public defenders and withdraw his plea before a pending sentencing on March 26.

District Judge Heidi J. Ulbricht on Feb. 19 denied a previous motion by Ames to dismiss his attorneys.

In the latest documents filed in Flathead District Court, Ames claims that his attorneys “put forth egregious misrepresentations of laws and facts related to key decision points in my case.”

His attorneys, Nick Aemissegger and Greg Rapkoch, prepared the motion. Among the claims is that Ames wasn’t adequately advised about the consequences of his plea. According to the document, Ames thought that the judge could still dismiss the case because a previous motion for dismissal was outstanding.

Ames also claimed that his lawyers led him to believe that he was “essentially guaranteed parole” after an additional four years in jail, according to the motion.

For those reasons, Ames requested new attorneys. The motion was filed on Feb. 24.

On Feb. 25, he followed with a separate motion to withdraw his Alford plea. His reasoning, according to the document, is that he didn’t fully understand his plea agreement. He also claimed that the state lacked enough evidence for a de facto assumption of guilt.

Ulbricht has not ruled on either motion.

Ames is accused of shooting and killing 60-year-old Harold Gordon on Jan. 12, 2014. According to court documents, the two lived in adjoining duplexes in Marion despite having restraining orders against each other.

Police say that on that night, Ames fired several rounds from an AK-47 into Gordon’s apartment. Gordon responded by grabbing a shotgun and stepping outside.

At that point, Ames shot Gordon three times with a .32-caliber handgun, killing him.

Ames initially pleaded not guilty to deliberate homicide charge. Both sides prepared for a trial until Ames signed a plea agreement on Sept. 8. In exchange for the Alford plea, Flathead County Attorney Ed Corrigan agreed to an amended charge of mitigated deliberate homicide, which carries a lesser penalty.

At the end of Ames’ motion to withdraw his plea, he states his wish to proceed with a trial.

A sentencing hearing is scheduled for March 26. Ulbricht’s ruling on the motions could push back or cancel that hearing.