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Restitution hearing set Tuesday for shooting

by Alan Lewis Gerstenecker
| April 1, 2014 10:43 AM

Michael Wagner, the 48-year-old Libby man who shot and critically wounded another man on Nov. 16 near Libby Creek Road, will be in Lincoln County Justice Court on Tuesday for a restitution hearing.

During a hearing in January, Wagner pleaded guilty to negligent endangerment and unlawful hunting from a roadway. At the time of the hearing, John Cleveland, the man who Wagner shot, was still recuperating from the .30-caliber bullet wound to his upper thigh.

 Justice of the Peace Jay Sheffield will oversee the restitution hearing, which is set to begin at 9 a.m. Tuesday in Justice Court.

 In January, Sheffield handed down a sentence to Wagner that includes paying a fine of $535 for negligent endangerment and another $235 for hunting from a public roadway.   

 Sheffield also imposed a 365-day jail term on the charge of negligent endangerment, all but 20 days of which was suspended. On the charge of unlawful hunting from a roadway, Wagner was sentenced to 180 days, all but 20 days of that sentence also was suspended. He was allowed to serve the 20-day sentences concurrently during two-day weekend stays at the jail.

 Also, Wagner’s hunting, trapping and fishing privileges were suspended for five years. Upon completion of that suspension, he must pass a remedial hunters-education safety class before his privileges may be reinstated.