A Battle Ground man convicted in a July 2014 assault with a gun, which started over a conflict over music being played on a Columbia River beach, was sentenced Friday to nearly four years in prison.
Andrew J. Mortensen, 31, was sentenced in Clark County Superior Court on two counts of second-degree assault, one with a firearms enhancement that carries a mandatory 36-month prison sentence.
For purposes of sentencing, both attorneys agreed that Mortensen’s assault convictions were the same criminal conduct, meaning they had the same criminal intent, were committed at the same time and place, and involved the same victim.
After hearing from both sides, Judge Daniel Stahnke agreed to follow the prosecution’s recommendation of 45 months. Mortensen was given credit for 12 days in custody.
Mortensen was convicted last month following a five-day jury trial of assaulting Scott Burkett. He was acquitted of four other counts: second-degree assault, two counts of harassment-death threats, and of tampering with a witness. One other count, harassment-death threats, was dismissed during his trial.
Vancouver police were called shortly before 1 a.m. July 6, 2014, on a report of an argument between groups on different sides of the Vancouver Lake flushing channel, according to a probable cause affidavit filed in Superior Court.
Mortensen had been camping with friends and family on the beach when they became insulted by a group across the waterway yelling for them to turn down their music, Senior Deputy Prosecutor Kasey Vu said during trial.
Mortensen and a friend, Michael Nottingham, then boarded a boat and took it across to the opposite beach, Vu said, where they began fighting Burkett and his friend Joshua McDonald.
Court records show that during the altercation, Mortensen pulled out a pistol from his waistband and struck Burkett in the face with the butt of the gun, breaking his nose.
Mortensen and Nottingham said they had gone to the other side of the waterway because that’s where the parking lot is. Nottingham testified he had plans to pick up his daughter. They argued Burkett and McDonald were the aggressors and that they were defending themselves.
The jury found Mortensen guilty of assaulting Burkett.
On Friday, Burkett’s mother spoke on his behalf. She said her son wanted to be at Mortensen’s sentencing but didn’t feel comfortable being there.
She said Burkett wants to see justice served and said that Mortensen hasn’t shown any remorse for his actions.
During the hearing, Vu argued Mortensen should receive the high end of the sentencing range, 45 months, because of his conduct and efforts to interfere with the police investigation. Vu said Mortensen told a “bogus” story on the stand and enlisted others to help.
“It shows the court and everybody the type of person Andrew Mortensen was and is,” he said.
Mortensen’s defense attorney, Brian Walker, said Vu’s claims are solely based on his own opinions. He said sentencing his client to the high end would be punishment for going to trial and testifying. The jury did not find Mortensen fabricated a story, Walker said, or that he tampered with any witness.
Walker argued Mortensen should receive 42 months, instead.
An emotional Mortensen told the court that he’s sorry the altercation happened.
“I didn’t set out to go camping to assault people. I just defended myself … that’s what you’re taught,” he said. “If I hadn’t defended myself, I don’t know what else would have happened that night.”
“The efforts to fabricate (a story) is unprecedented to me,” Stahnke said to Mortensen. However, the judge said he believes Mortensen didn’t intend to assault anyone when he went camping and said it’s “really unfortunate” that it happened.
