Five-time felon avoids prison stint

By BRENT SHRUM Western News Reporter

A five-time felon who pleaded guilty to possession of a concealed weapon was given a three-year suspended sentence Monday despite his probation officer's recommendation for prison.

Charles Warren Allyn Jr., 23, was arrested in Libby last November after admitting to a police officer who was questioning him that he had a set of aluminum "brass knuckles" in his pocket. Allyn testified on Monday that he readily told the officer that he had the knuckles in his possession and hadn't been aware that he was breaking the law.

"They were selling them at a stand at Nordicfest," he said. "Anybody could have bought them."

Allyn said he had been assaulted by another man in the parking lot at Rosauers and thought the knuckles might provide some protection if he was attacked again.

According to an affidavit filed in district court, the arresting officer saw Allyn pacing on the sidewalk near McDonald's around 9 p.m. and thought he was acting strangely. The officer stopped to talk to him and when checking Allyn's criminal record found he had several prior felony convictions in Washington. Allyn was arrested on felony concealed weapon charges.

Allyn pleaded guilty in return for a recommendation from the county attorney's office for a three-year suspended sentence. The maximum sentence is five years in prison.

At Allyn's sentencing hearing on Monday, probation officer George Clough testified that Allyn has five felony convictions over the past five years and hasn't been cooperative on probation. Clough testified that Allyn admitted last September to having used both marijuana and methamphetamine while on probation. He said Allyn has "never spent a reasonable amount of time in prison" and that giving him probation again would not be setting a good example.

Tracy Swartz, the father of Allyn's girlfriend, testified on Allyn's behalf. Swartz said Allyn has been in a relationship with his daughter for the past two to three years and has spent about half that time, on and off, living at his apartment.

"The bee follows the honey, so to speak," he said.

Swartz said he has never had any problems with Allyn. He said Allyn's attitude has been improving and that he has been showing signs of maturing.

"I think incarcerating him would be a waste of all the effort he's put into it," Swartz said.

Deputy county attorney Robert Slomski asked Swartz how he felt about his daughter being involved in a relationship with a man who is an admitted methamphetamine user. Swartz said he wasn't aware of that until hearing Clough's testimony.

"To be honest, I've had people arrested in my living room that I've never met before, so nothing surprises me," he said.

Allyn's attorney, Stephen Dalby, noted that the concealed weapon charge would have been a misdemeanor were it not for Allyn's status as a felon.

Slomski said he understood Clough's reluctance to see Allyn put back on probation, but he pointed out that the offense was not a violent crime and that Allyn has only an eighth-grade education.

"I just think this is a crime of stupidity," Slomski said.

Judge Michael Prezeau told Allyn a thought came into his mind as he was reviewing the case.

"What does someone have to do around here to go to prison?" he said. "I'm sure if I did a poll of citizens around here they'd say 'Get that guy the heck out of here.'"

Prezeau said Allyn hasn't been a good citizen, but he said he was persuaded by his testimony that he hadn't intended to hurt anyone. Noting that Allyn stands 6-feet, 5-inches tall and weighs around 350 pounds, he said a lot of people would be ready to take him down in prison.

"If you think you got beat up at the Rosauers parking lot, there'd be a lot more of that waiting for you at Deer Lodge," he said.

Prezeau said he would go along with the plea agreement, however.

"Mr. Allyn, I want you to succeed," he said. "I don't want you to go to prison, but I'm not going to have a choice if you violate your probation. So it's time for you to put your money where your mouth is and do what you said you were going to do."