Pierce Alan Harris, 32, was sentenced on Wednesday to 360 days in jail, all suspended but the four days he has already served, and one year of supervised probation for a three-year-old terrorizing charge.

Harris had a pellet gun on his person when he approached another man in the parking lot at the Minot Burger King on Oct. 30, 2018, and asked “Are we good?” in a manner that the other man considered threatening.

Another man who was eating in the restaurant later identified Harris to police. He had claimed that Harris pointed the pellet gun in his direction.

The case had been scheduled for trial on Aug. 3, but the prosecution and defense reached a plea agreement because of the age of the case and problems with witnesses. Prosecutor Leah Viste, who inherited the case from another prosecutor, told Judge Gary Lee that the witness who was eating inside the Burger King that day has since died and the man’s wife wants nothing to do with the case. The man whom Harris threatened in the parking lot of the Burger King is currently serving a prison sentence at the state penitentiary. Harris had no prior criminal history and has not gotten into trouble during the past three years.

Under the terms of the plea deal, the C felony charge will be reduced to a Class A misdemeanor if Harris successfully completes probation. The prosecution agreed to amend the language in the charging document to eliminate language about the weapon, which would have triggered a minimum mandatory sentence of two years in prison under state law. The amended charge carries no minimum mandatory sentence. A second Class C felony terrorizing charge will be dismissed.

Judge Lee also ordered Harris to pay court costs and to have no contact with the other alleged victim or the witness in the case.

The same plea deal was put before Judge Doug Mattson on Tuesday, who told Viste to put it before the trial judge, Judge Lee.