Flathead Valley man earns deferred sentence for shooting incident

A Flathead County man received a six year deferred sentence Aug. 4 on a criminal endangerment charge picked up for allegedly firing a gun at his adult stepson during a January fight.

Judge Robert Allison cited concerns over a perceived uptick in firearms offenses in the county as he handed down a lengthier sentence than either prosecutors or the defense team recommended for Nathan Andrew Rosene.

“The offense involves the discharge of a firearm, which has become extremely problematic in the community,” Allison said.

Authorities arrested Rosene, 55, at a Columbia Falls lodging house after the Jan. 4 shooting on Jayhawk Lane. According to court documents, the fight began after the stepson objected to Rosene’s treatment of his mother. The stepson told deputies with the Flathead County Sheriff’s Office that he confronted Rosene and the disagreement turned physical.

The stepson allegedly put Rosene into a headlock, but then released him and began retreating to his bedroom. That’s when Rosene grabbed a pistol from under the coffee table and fired several shots at the stepson, court documents said.

Investigators found three bullet holes around a window in the home, according to court documents.

Though Rosene fled before deputies arrived, authorities pinged his mobile phone and located him at a Columbia Falls hotel. He allegedly asked the arriving deputies to grab his personal belongings from his room, among them a loaded firearm.

Prosecutors initially charged Rosene with assault with a weapon, but amended the charge to criminal endangerment after he struck a deal in June. At the time, both sides planned to offer up slightly different recommendations. Prosecutors sought a five year suspended sentence while Liam Gallagher, Rosene’s defense attorney, planned to ask for a deferred sentence.

Making his case, Gallagher argued that Allison could put Rosene away longer on a deferred sentence in the event of a violation. He pointed out Rosene’s good behavior in the county jail and noted he had become an inmate worker.

Gallagher described the case as a one-off and argued against any sentence that might affect Rosene’s ability to work as he approached retirement age.

“This is an odd case and a case where he should be able to come back from this,” Gallagher said.

Rosene, too, worried about how a sentence might affect his ability to earn income.

“At my age and my potential future years for working, having that conviction … would hamper me down the line as far as having gainful employment going into retirement,” he told the court.

Taking Gallagher’s argument into account, Allison handed down the deferred sentence, but extended its length beyond the five years prosecutors sought.

“This will give you the opportunity to put it behind you, but it will take a little bit longer,” Allison said.

But he also took a dim view of the alleged offense, telling Rosene that the right to carry a firearm came with responsibilities and misusing them leads to the loss of the Second Amendment right. He also said behavior like Rosene’s put responsible gun owners at risk.

“People that misuse firearms cause certain politicians to want to take away all firearms,” he said.

Along with the six year deferred sentence, Allison gave Rosene credit for 211 days of time served.

“This is a terrible, terrible way to deal with family members who you presumably love, to start waving around a gun,” Allison told Rosene as he handed down the sentence.

News Editor Derrick Perkins can be reached at 758-4430 or dperkins@dailyinterlake.com.