Troy man sentenced for threatening wife

A Troy man accused of threatening his wife and later survived being shot by her was recently sentenced for the offense.

John Clinton Alyea, 40, received a 3-year suspended sentence on Aug. 21 in Lincoln County District Court from retired Judge William Nels Swandal.

Swandal retired in 2012, but when Alyea’s attorney at the time, Keenan Gallagher, sought to have another judge hear the case instead of Matt Cuffe, Swandal got the assignment.

Alyea pleaded guilty to an amended charge of criminal endangerment. Alyea must follow several release conditions or risk getting prison time. They include not possessing or using guns, weapons and pepper spray, no use of drugs or alcohol and no gambling or entering bars or casinos.

He must pay $1,530 in fines and fees, obtain a mental health evaluation and complete a anger management program.

Alyea’s case took some time to be completed after he was shot in the face by his wife during an incident on Nov. 12, 2022, at a Troy residence, according to court documents.

In court filings related to the shooting, his wife said he broke into the residence, they argued and when he advanced toward her, she shot him in the mouth and throat area.

Officers from the Lincoln County Sheriff’s Office investigated the incident. Alyea told them he was shot while leaving the residence. He said he got into his vehicle, drove to his mother’s home and was taken by air ambulance to Kootenai Medical Center in Coeur d'Alene, Idaho.

When officers spoke to his wife, she said he stayed in his truck the previous night and she locked the doors and windows so he couldn’t enter the home.

She then said she woke to the sound of dogs, “making a mess.” She opened the door for the canines and she then heard Alyea behind her in the home. She said she told him to leave and when he came at her, she shot him, court documents said.

The county Attorney’s Office later determined the shooting was likely justifiable.

County Deputy Attorney Jeffrey Zwang said in an email to The Western News that he reviewed the results of the investigation and consulted with the investigating officers.

“Ultimately, I declined to file a criminal charge, due to insufficient evidence for proof beyond a reasonable doubt,” Zwang wrote. “Specifically, the evidence collected during the investigation supported the conclusion that the shooting likely constituted justifiable use of force under Montana law.”

Alyea later sought a temporary protection order against his wife, but it was denied.

During the Aug. 21 hearing, Swandal told Alyea, “You have quite a long record. If you violate the terms of the sentence, I may not hesitate to give you prison time.”

Alyea was set to appear on Dec. 12, 2022, for a pre-trial conference, but was still recovering from his injuries after being shot.

Alyea had another court hearing set for May 22, 2023, but his public defender Ben Kolter said his client wasn’t present. Swandal set a trial date for June 21.

The case began on July 13, 2022, when Alyea was arrested at a Troy residence after he allegedly threatened to punch his wife.

Alyea, who posted $15,000 bail the next day and was released, was scheduled to appear in Lincoln County District Court on Aug. 8 for arraignment on the felony charge.

But after he didn’t show, Judge Matt Cuffe issued a warrant for his arrest.

According to a probable cause statement by Lincoln County Sheriff’s Deputy Ben Fisher, he responded to a residence on Twin Creek Drive at about 5:35 p.m. July 13 for a reported disturbance. Fisher reported that Alyea, the alleged victim and several children were present. The couple has been married for about eight years and she said Alyea acted like he was going to hit her with a closed fist several times but stopped short of making contact, according to the court document.

The victim said she was afraid Alyea was going to hit her.

Fisher wrote in his statement that Alyea had two prior arrests for partner or family member assault.

According to Zwang, Alyea was convicted on Oct. 25, 2018 and Oct. 7, 2021.