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Prosecuting and defense attorneys deliberated for more than an hour Monday morning to hammer out a new plea deal in the case against Mark Dunn.
Dunn, 47, listened intently as District Attorney Will Furse laid out the agreement to Chief District Judge Doug Walker. Under the agreement, Dunn could receive up to a 10-year prison term. The agreement also calls for a permanent protection order for one of the victims, his brother, Todd Dunn.
Last month, Judge Walker rejected a plea deal that called for Dunn to serve a six-year prison term. At Monday’s pretrial readiness hearing, Walker again raised concerns the prison term may be too lenient.
“The defendant was facing up to 132 years on the charges,” he said. “Now we’re down to eight to 10? That’s a pretty big drop.”
Furse said the victim wanted the case resolved, citing that he is both “scared of the defendant” and “fearful for his safety” everyday the proceedings continue.
“We are putting the victim’s desires at the forefront in regard to this plea agreement,” Furse said.
Under the agreement, Mark Dunn pled guilty to one count of felony menacing, a class five felony, and a second count of possession of a weapon by a previous offender second offense, a class four felony.
Former District Attorney Russell Wasley offered an initial plea deal to Dunn in November, but that agreement expired. Furse took office in January.
While attorneys met in private, Dunn, wearing a short-sleeved button down shirt and jeans, only made one comment inside the empty courtroom.
“I’m doing better than most of Montezuma County,” Dunn replied when asked by a bailiff how he was doing.
The charges stem from an altercation that occurred Oct. 1, 2012, on the 1,000 block of Balsam Street and the 900 block of North Henry.
According to a Cortez Police Department report, the defendant allegedly discharged a firearm toward his wife inside their home. Dunn then reportedly drove to his brother’s home where additional shots were fired.
Dunn was initially charged with aggravated robbery, criminal mischief, two counts of felony menacing, being a felon in possession of a firearm, third-degree assault, theft, prohibited use of a firearm, two counts of reckless endangerment and domestic violence.
The other charges were dropped as a result of the plea deal.
A five-day jury trial, scheduled to start Monday, June 10, has been averted because of the plea deal. Dunn is scheduled to appear before Judge Walker for sentencing on Thursday, July 18, at 1:30 p.m.
Defense attorney David Greenberg declined to comment, citing the sentencing phase yet to be held.
According to court records, Dunn was previously convicted in California on a felony weapons charge in 1989.
