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Blanton back behind bars

by DERRICK PERKINS
Daily Inter Lake | January 25, 2022 7:00 AM

A Eureka man arrested for shooting a dog will spend a year behind bars after admitting last month that he broke the terms of his suspended sentence.

Terry Ray Blanton, 73, earned a three-year suspended sentence after a jury found him guilty of aggravated animal cruelty in 2020. Deputies arrested Blanton in June of that year after a Eureka area resident reported finding a badly wounded dog returning from Blanton’s yard. The animal died before receiving medical assistance, court documents said.

While Blanton later apologized for the distress caused by the dog’s death, his then defense attorney Jessica Polan said that the animal — which crossed onto Blanton’s property — behaved aggressively, forcing the septuagenarian to retreat in fear and fetch a firearm.

Citing a brain injury that had left Blanton with impaired cognitive function, she described his action as a lapse in judgement.

“We all make mistakes in our lives and I don’t think we should be locked up at 72 [for them],” Polan said at the time.

County Attorney Marcia Boris argued that Blanton’s decision to duck inside and retrieve his weapon indicated thoughtfulness. The jury, Boris noted at Blanton’s sentencing hearing, also found his reasoning wanting.

Polan asked for a two-year deferred imposition while Boris recommended two years in state prison followed by a partially suspended 10-year sentence. Handing down the three-year suspended sentence, District Judge Matthew Cuffe described struggling with finding the right penalty for Blanton.

“This is an appropriate sentence for a man who clearly … made a serious mistake in the way he addressed he situation,” Cuffe said.

But Blanton continued to make mistakes, according to a report filed by Steve Watson, a state parole and probation officer. Blanton got off to a rocky start with the state Department of Corrections, Watson wrote, detailing how he initially refused mandated mental health counseling.

“The only motivation came when he realized that I would be filing a petition to revoke in the district court,” Watson wrote.

Last August, authorities found a shotgun in Blanton’s home, a violation of the terms of his sentence. In September, they learned he was keeping a horse, another violation.

Additionally, Blanton lied about his use of alcohol during his time under supervision, Watson wrote in the report.

“He has not been willing to follow the rules of probation,” Watson wrote.

Back in court Oct. 25 for a revocation hearing, Blanton denied the allegations. But during his Dec. 8 violation hearing, he admitted to keeping a firearm.

In response, Cuffe ordered Blanton’s sentence revoked. He sent Blanton to the Montana State Prison for a year with credit for one day.

Blanton also is on the hook for court fines and fees. Those include $800 for a public defender, $2,685.07 for legal fees and $2,424.12 — plus a 10 percent administration fee — in restitution.

“This sentence is an appropriate resolution and is consistent with Montana law and the recommendations of the probation officer,” Cuffe wrote in a sentencing order.