POLSON — A state judge has rejected a plea agreement in the case of a Polson man who acknowledged mistakenly killing his father-in-law by hitting him in the head with a claw hammer in March 2014.
Desmond Mackay, 36, was charged with deliberate homicide in the death of John Barrows, 67. Prosecutors reached a plea agreement that recommended a 40-year prison sentence for mitigated deliberate homicide.
When Mackay entered his plea in April, District Judge Kim Christopher reminded him that she was not bound by the plea agreement. Christopher said she was concerned about the reduction in charge because prosecutors alleged Mackay was hiding in a garage waiting to attack his brother-in-law on March 5, 2015, when Barrows walked in and was struck instead. He died 10 days after the assault.
Both sides said Mackay suffered emotional distress and a mental defect because of ongoing bullying by his brother-in-law Jesse Waugh, who was the intended target. They said Waugh had assaulted Mackay two months before the attack.
Christopher had scheduled Mackay’s sentencing hearing for Thursday, but she decided she couldn’t accept the mitigated deliberate homicide charge, KERR-AM in Polson reported. Christopher said jury would have to determine if there were any mitigating factors.
Christopher withdrew Mackay’s guilty plea and entered a not guilty plea on his behalf. A trial date has not been set.