Libby man gets deferred sentence in assault case

A Libby man who pleaded guilty to assaulting a police officer with a knife and a woman in an incident earlier this year was given a deferred sentence and ordered to complete anger management courses.

Samuel Ryan Sutherland, 39, was charged with felony assault of a peace officer and misdemeanor partner or family member assault. He pleaded guilty to both charges on June 19 in Lincoln County District Court.

A plea deal between Deputy County Attorney Jeffrey Zwang and Sutherland's public defender, Scott B. Johnson, dictated a 4-year deferred sentence for the assault charge and 12 months suspended on the PFMA charge.

Judge Matt Cuffe agreed with the plea deal, but he had stern words for Sutherland after reviewing a statement from the female victim.

"The victim in this case says you don't think this is a big deal and you are just going along with it to get along," Cuffe said. "But I do think it's a big deal."

Johnson said Sutherland is employed in Idaho. Cuffe approved a request by Sutherland in June to travel to Franklin, Idaho.

According to the charging document, Lincoln County Sheriff’s Deputy James Derryberry learned there was a disturbance with a gun involved at a Post Street residence at about 1 a.m. March 3. Sgt. Davis and Deputy Fisher arrived there a minute before Derryberry and Deputy John Hyslop. Davis was talking to a woman while Hyslop approached the front door of the home.

Fisher handed Derryberry a 9 mm pistol and then he heard a scuffle and some yelling.

Deputy Fisher said Sutherland shoved Hyslop off the front porch and into the yard on a frozen snow berm. Fisher said Sutherland turned toward Davis and charged him. Derryberry reported hearing Sutherland say, “Let’s (expletive) go dude! Let’s (expletive) go!” Derryberry threw the unloaded pistol into the bed of a pickup truck and drew his taser, according to the charging document.

Hyslop got back on his feet and got behind Sutherland to help get control of him. Davis then said, “He’s got a knife!” Derryberry reported seeing a knife in Sutherland’s left hand and saw the defendant allegedly swipe at Hyslop with the knife.

Davis and Derryberry then tased Sutherland. Davis’ taser struck the defendant in the chest and groin while Derryberry’s taser struck Sutherland in a leather belt he wore and his left thigh just above the knee. Sutherland dropped the knife at that point while Hyslop got him to the ground. Davis and Fisher handcuffed him.

After removing the taser probes from Sutherland, Derryberry took him to the Lincoln County Detention Center. The officer reported smelling a strong odor of alcohol. He then returned to the scene and spoke to the alleged victim.

She said a verbal argument escalated into Sutherland allegedly pushing her against a wall. She said the accused man then went into kitchen, allegedly pointed a gun at his head and then fired a round into the ceiling. She said she was afraid he may shoot himself or her. The alleged victim said she was able to get Sutherland to give her the gun.

Derryberry reported seeing several empty alcohol beverage cans in the garbage and a hole in the kitchen ceiling. The hole was consistent with one made by a bullet.

According to a dispatcher in the county sheriff’s office, she received a 911 hangup call. She called back and a man answered the phone and allegedly said, “(Expletive) you,” then hung up. The dispatcher called the number again and the alleged victim answered. She asked for the police to be sent and that a gun was involved.