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Adam Garber sentenced to 15 days for simple assault – domestic violence

Adam Michael Garber, 36, Minot, was sentenced on Friday to 30 days in jail, with a requirement that he serve 20 days, and 360 days of supervised probation for throwing a lighter and hitting his ex-girlfriend during a domestic violence altercation on Sept. 23, 2018. He will receive credit for five days already served. Judge Gary Lee ordered him to report to the Ward County Jail to serve the remainder of his sentence on March 20.

Garber entered an Alford plea, meaning he maintains his innocence but recognizes he might be found guilty at trial.

Garber had originally also been charged with Class C felony terrorizing and reckless endangerment and had stood accused of brandishing a handgun and pointing it at the woman’s children during the dispute. The gun discharged and a bullet went through the wall of the trailer and into an occupied trailer next door. By one account, the gun went off when Garber hit himself in the head with the gun while he was facing a mirror. By another account, the gun discharged when his ex-girlfriend’s son took the gun and was trying to pistol whip Garber. The woman’s son had reportedly told Garber not to shoot his mother and Garber said he wasn’t going to shoot the woman and handed the gun to the son.

Garber had been scheduled to go to trial at the end of the month, but in court on Friday, Ward County Deputy State’s Attorney Todd Schwarz said there is conflicting testimony from witnesses, including one person who recanted testimony, that the state cannot prove terrorizing and reckless endangerment. Judge Gary Lee agreed to dismiss those felony charges at the state’s request. The prosecution and defense attorney Andrew Schultz had made a joint sentencing recommendation that would have called for Garber to serve no additional jail time and 360 days unsupervised probation.

Lee said he was troubled that Garber went over to his ex-girlfriend’s house while drunk and armed and started a confrontation that ultimately led to the bullet being fired into a neighboring trailer, no matter who fired the shot.

“This could have been so much worse, for so many people, including innocent neighbors, so I think this is an appropriate disposition,” said Lee when he announced the sentence that called for more jail time and supervised probation. Lee also said the sentence is the “gift of the century” for Garber since he could have faced a much stiffer sentence.

Lee also ordered Garber to pay fines and court costs, to obtain a chemical dependency evaluation, to have no contact with the victims in the case, and to complete a domestic violence offenders course.

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