POLSON — A 36-year-old Polson man has pleaded guilty to mitigated deliberate homicide for hitting his father-in-law in the head with a claw hammer, apparently mistaking the victim for someone who owed him money.
Desmond Alan Mackay entered his plea Thursday in District Court in Polson, KERR-AM reports. The agreement calls for a 40-year prison term when Mackay is sentenced late next month.
Prosecutors said Mackay was waiting by a door to a garage with a hammer intending to assault his brother-in-law on March 5, 2014. However, 67-year-old John Barrows walked through the door first. He was critically injured and died 10 days later.
District Judge Kim Christopher expressed concern over the plea agreement, because Mackay was initially charged with deliberate homicide for the ambush attack.
Defense attorney Thomas Bartleson and Lake County Attorney Steve Eschenbacher told the judge that Mackay was suffering emotional distress because at the time he was being bullied and had been recently assaulted by his brother-in-law, Jesse Waugh.
Attorneys on both sides said Mackay’s anger and fear had built up and he snapped.