Sentence stands in Foster case

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SANDPOINT — The Idaho Court of Appeals is affirming the 50-year prison term imposed against a Blanchard man who shot and wounded two Bonner County sheriff’s deputies in 2017.

Adam Deacon Foster was charged with two counts of attempted murder for ambushing deputies Michael Gagnon and Justin Penn when they attempted to arrest Foster outside his home. Despite being gravely wounded by hollow-point rounds fired from Foster’s .44 magnum revolver, the deputies returned fire and wounded Foster.

Foster pleaded guilty to the charges and in exchange for the plea additional sentencing enhancements were dismissed. First District Court Judge Barbara Buchanan sentenced Foster to consecutive 25-year terms, the first 12 1/2 years of which were fixed.

On appeal, Foster argued the sentences were excessive, although the argument did not sway appeals court judges, according to an unpublished opinion released on Wednesday.

Sentencing is a matter for the court’s discretion and the appeals court’s standard of review in evaluating the reasonableness of the sentence are well established in case law, the appeals court noted in the two-page opinion.

“Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion,” judges Amanda Brailsford, Molly Huskey and Jessica Lorello said in the ruling.

Foster filed plea for leniency and a reduced sentence earlier this year. His defense counsel argued Foster’s mental health diagnosis was not taken into consideration, an argument disputed by the state.

Oral arguments on Foster’s plea for leniency were made in March, although a written ruling could not be found in Idaho’s iCourt database. Foster, 33, is serving his sentence at the Idaho State Correctional Institution in Kuna, according to the Idaho Department of Correction. He becomes eligible for parole in 2040, IDOC’s website indicates.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.

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