Judge rejects plea deal in April shooting case

A Canadian man is facing up to 60 years in prison after Judge James Wheelis rejected a proposed plea agreement in Montana’s 19th Judicial District Court Monday morning.

The plea agreement, negotiated between defense attorney Sean Hinchey and Lincoln County Attorney Bernard Cassidy, proposed a plea of nolo contendere or no contest, to two felony counts of aggravated assault, with a recommended sentence of up to 20 years for each offense, to be served concurrently.

The charges stem back to an incident of April 15, 2015, in which Ilk allegedly fired 14 shots at his ex-girlfriend and a co-worker who was in her car at the time.

According to the affidavit of probable cause, the victims had just finished the day working on a home being built in a new subdivision at roughly 8 p.m. Ilk arrived in a Dodge pickup and saw the two together and began shooting at them with a 9mm handgun. Pereslete and Wilson fled the scene in Wilson’s vehicle with the only way out forcing them to drive past Ilk.

Ilk continued shooting at them as they drove by, firing 14 rounds at the victims. They both sustained two gunshot wounds in the process with Perselete hit in the leg and arm and Wilson shot in arm and hand.

Two shots entered the windshield and two entered the driver’s side window.

Officers responded south on U.S. Highway 93 and intercepted the vehicles heading north near Dewey Avenue and 6th Street. Officers attempted to pull over Ilk while the victims continued to the Law Enforcement Center.

However, Ilk refused to pull over and continued following the victim’s vehicle into the Law Enforcement Center parking lot. Officer Ian Jeffcock ordered Ilk out of his vehicle at gunpoint and arrested him without further incident.

Ilk has been in custody at the Lincoln County Detention Center since April 15, held on $1,000,000 bond.

In rejecting the plea agreement, Wheelis said he wanted to evaluate the evidence against Ilk and, if he felt it was justified, impose a stronger sentence than the one proposed.

“I’m simply not going to bind myself to give only 20 years,” Wheelis said.

Cassidy told the court the maximum penalty for each of the offenses, including enhancements, could be up to 30 years in prison, served consecutively.

Hinchey said he would confer with Cassidy and with his client to determine if they would accept Judge Wheelis’ terms in a new agreement. The results of that conference were not available as of press time Monday.