District Judge Jeffrey Wilson is having a tough time deciding whether to accept a plea agreement that would grant a probationary sentence to a Cortez man who stabbed another man with a knife Halloween night in Durango.
The judge postponed making his decision Wednesday until having a chance to view video surveillance taken from the incident early Nov. 1 at Durango Downtown Inn, 800 Camino del Rio.
Jimmy Mahan, 38, pleaded guilty Feb. 4 to felony menacing in a plea agreement with the 6th Judicial District Attorney’s Office. According to terms of the plea agreement, Mahan would receive two years on probation and be given a deferred judgment, meaning it would be wiped from his criminal record if he successfully completes terms of his probation.
The probation department expressed concern with the plea agreement, saying Mahan has a felony criminal history and is at high risk for recidivism.
After listening to a psychotherapist who has been seeing Mahan since 2008, Judge Wilson said he has no intention of sending Mahan to prison. But he is debating whether Mahan should be on a low-level probation or an intense-supervised probation, such as Hilltop House, a community corrections program in Durango that allows offenders to live and work in the community.
Upon his release from prison in 2007 or 2008, Mahan was highly institutionalized, anxious and mistreated in terms of behavioral and mental health, said Bruce Hering, the psychotherapist. Since then, his mood has stabilized, he is an active father, and he has proven himself to be a hard worker, Hering said.
Mahan suffers from PTSD as a result of his time in prison, Hering said. He felt threatened the night of Oct. 31 and went into survival mode. He pulled a knife and stabbed a larger man who he believed to be a threat.
Sending him to prison or sentencing him to Hilltop House would cause him to lose everything he has worked for since his release from prison, Hering said.
Durango defense lawyer David Greenberg said Mahan routinely carries a pocket knife. During the scuffle, Mahan found himself on the ground and pulled out his knife. The whole incident happened in a matter of seconds. The victim had a non-life-threatening wound, Greenberg said. He used only the force necessary to end the altercation, he said.
“He clearly went into survival mode based on his experience in the prison system,” Greenberg said.
Deputy District Attorney Reid Steward said he agreed to the plea agreement only after seeing the surveillance video, which supports the defense’s assertion that Mahan used limited force and the victim’s assertion that he acted unreasonably.
Mahan said the incident happened fast and it was a sudden reaction on his part. He didn’t set out looking for trouble, and it’s out of character with his behavior for the past 13 years.
“I try to be a good father and a good citizen,” he said. “I am a productive citizen, and I’m not out just causing trouble.”
Wilson is expected to decide June 2 whether he’ll accept the plea agreement.
shane@durangoherald.com
