Bartlett pleads to reduced charge in 2010 4B's assault

Havre Daily News/Nikki Carlson, file photo

Josh Bartlett, left, sits with his attorney, Jeremy Yellin, during his arraignment in June 2010. Bartlett, who pleaded not guilty in that hearing, pleaded no contest last week to reduced charges stemming from a fight with Perry Johnston in May 2010.

Josh O. Bartlett of Havre has pleaded no contest to a misdemeanor charge in an assault against a patron at 4B's Restaurant around 3 a. m. May 21, 2010.

The incident put the victim in the hospital with permanent injuries.

A hearing on motions about the pending trial on felony and misdemeanor assault charges turned into a plea and sentencing hearing. Bartlett was released after he pleaded no contest to reduced charges.

Bartlett, born in 1982, was charged with felony aggravated assault after he was accused of fighting with Perry Johnston. Court papers said the other victim, Josh Smith, reported Bartlett had started the fight after Johnston had made a joke to Smith.

A second charge, a misdemeanor count of assault against Bartlett, was later added to the case.

Neither Johnston nor his family could be reached for comment on the plea agreement and sentencing.

Bartlett's attorney, Jeremy Yellin, said this morning that anyone who had heard both sides of the story would think the plea agreement and sentence was fair and appropriate.

"I think the government realized the defense was very viable, " Yellin said, adding that concessions were made on both sides.

"We feel that we gave as much as the state did, " he said, adding that. "The public doesn't necessarily know all the facts. "

According to the court document, a waitress at the restaurant reported that Bartlett had started the fight, but Bartlett told the officers who pulled over the vehicle he was riding in shortly after the incident that Johnston and Smith started the fight. While Johnston was trying to get up after Bartlett hit him, Bartlett said he kicked him in the head because he "did not want the guy to come after him again, " the document said.

Johnston suffered two skull fractures and significant head injuries during the fight, which affected his short-term memory and caused hearing loss.

During the hearing scheduled to discuss pretrial motions June 30, the prosecuting attorney, Deputy Montana Attorney General Joel Thompson, who was acting as special Hill County deputy attorney, and Yellin presented a plea agreement and motion to amend the felony charge to a misdemeanor count of assault.

Bartlett pleaded no contest to the charges, meaning that while he does not admit to the actions, he admits that he could not overcome the evidence that would be presented in a trial. A no-contest plea entered in the Montana court system has the same effect as a guilty plea.

Judge E. Wayne Phillips of Lewistown, who took jurisdiction on the case after Yellin requested Kalispell Judge Ted Lympus recuse himself, accepted the no-contest pleas.

Judge Dan Boucher, who took jurisdiction in the district after David Rice retired in November, recused himself in February. Boucher had headed the public defender's office before becoming judge.

Phillips followed the recommended sentencing, giving Bartlett six months in jail with all but time served suspended for each count, to run consecutively.

He ordered Bartlett to pay $419.42 in restitution, which Thompson said the state already has received. He also has to pay court fees and surcharges.

Hill County Attorney Gina Dahl and Yellin were out of town this morning and could not be reached for comment. Thompson did not return a call asking for comment by deadline this morning.

Bartlett argued in his pretrial motions that Johnston started the fight, and he was acting in self defense. He also argued that Johnston was drunk and that some of Johnson's injuries occurred when he stumbled and fell.