A man involved in an interrupted residential burglary and shootout on Christmas Eve near Amboy was sentenced Friday to six years in prison.
Brian J. Slay, 32, of Woodland pleaded guilty in Clark County Superior Court to one count of residential burglary and a count of first-degree attempted theft.
Court documents said Slay and an accomplice, alleged to be Brandon March, a transient known as “Peanut,” broke into the Amboy home in the 37000 block of Northeast 216th Avenue about 1:45 p.m. on Dec. 24.
The homeowner, Thomas Schenk, arrived home and found his garage unlocked and house ransacked. He drew his concealed handgun and walked through his house, where he found a man loading a bag with his belongings. Police later identified the burglar as March, according to a probable cause affidavit filed in Superior Court.
Clark County sheriff’s Detective Scott Gilberti said Schenk reportedly confronted the burglar, who responded by raising his hands and saying, “Don’t shoot” multiple times. The burglar then ran to a back bedroom and reappeared from behind a bookcase holding a handgun. He ordered Schenk to drop his weapon, but Schenk refused. The two men fired at each other twice, court documents said. No one was injured.
Schenk told the detective he feared for his life, so he backed out of his house and took cover behind a woodpile to call 911. When deputies arrived, they searched the area and used a police dog in an attempt to track the gunman. While the burglar wasn’t located, police found a knife and a Ford F-150 pickup parked nearby that contained Slay’s identification, court records state.
Neighbors told investigators they had seen two men in the area. Another witness saw a man running from the house about 15 minutes before the dog was deployed, according to the affidavit.
Slay was arrested four days later.
He originally faced additional charges of first-degree attempted murder, first-degree robbery and first-degree burglary. Each carried a firearms enhancement, which would have added another five years to any potential sentence. However, in an agreement with the prosecution, those charges were either downgraded or dismissed.
Senior Deputy Prosecutor Casey Vu said he offered Slay a plea deal because there was no proof that he was involved in the exchange of gunfire or that he knew his accomplice was armed.
He added that Slay has a lengthy criminal history with convictions similar to the charges in this case. “There is a pattern of criminal history by Mr. Slay,” Vu said.
Slay told Judge Gregory Gonzalez that there’s no excuse for his behavior in this incident.
“I can’t deny what Casey Vu said. I have an extensive criminal history,” he told the judge.
Slay said he grew up homeless and used methamphetamine for many years. However, he’s been “clean” since 2008, he said, and had been working to get his life back on track. He had been providing for five children between him and his wife and was working toward buying a house, Slay said.
“I put myself in an unfortunate situation. It was unfortunate for me and unfortunate for the Schenks,” he said. “I will take my punishment for that.”
Gonzalez agreed to follow the prosecution’s sentencing recommendation and ordered Slay to serve 72 months in prison.
“I have to consider the safety of the public and victims,” Gonzalez said. “I wish you the best of luck.”
Slay was given credit for 139 days in custody.
Vu said March’s case is still pending. Slay’s attorney, Louis Byrd Jr., clarified that the plea deal didn’t require any additional cooperation from his client. “We are exiting stage left,” Byrd said.
March pleaded not guilty in January to first-degree attempted murder, first-degree robbery, first-degree burglary and first-degree attempted theft. His trial is scheduled to start July 6.
