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Attempted murder charge dropped

by KAYE THORNBRUGH
Staff Writer | December 20, 2021 1:00 AM

COEUR d’ALENE — The state will drop an attempted murder charge against a man who allegedly tried to shoot his ex.

Gregory K. Stocking, 62, of Dalton Gardens, is expected to plead guilty next month to aggravated assault and burglary, both felonies.

As part of a plea deal, the state will dismiss charges of attempted murder and domestic battery, as well as a second count of aggravated assault.

The state will also drop a deadly weapon enhancement.

The charges stem from July, when Stocking’s ex contacted the Kootenai County Sheriff’s Office to report that Stocking shot at her near Ramsey Road and Highway 54 in Athol.

Earlier that day, Stocking reportedly wanted to retrieve personal items from the woman’s residence. The pair argued, police said, and Stocking left.

He reportedly returned about 45 minutes later and used a key to enter the residence.

When another argument ensued, the woman said Stocking pulled a handgun, pointed it at her face and pushed her to the ground.

She escaped, ran to the gate of her driveway and flagged down a passing vehicle for help, deputies reported.

As the woman was climbing into the passerby’s vehicle, Stocking allegedly fired multiple rounds in her direction before fleeing the scene.

No one was hit by gunfire, police said.

Law enforcement reportedly located Stocking in the area of Sheep Springs Road and arrested him.

The prosecution and defense made a Rule 11 plea agreement that would limit Stocking’s sentence to five years in prison.

A Rule 11 plea agreement is a deal where the defendant pleads guilty to a certain charge in exchange for a specific sentence.

In most cases, judges consider sentence recommendations made by the parties involved in a case but can hand down whatever sentence they believe is appropriate.

Under a Rule 11 plea agreement, however, judges are bound to the agreement made by the state and defense.

A judge can accept or reject a Rule 11 agreement but cannot alter it.

First District Judge Lamont Berecz said in court Thursday that he may reject the agreement.

In Idaho, aggravated assault is punishable by a maximum of five years in prison, while burglary is punishable by up to 10 years in prison.

Stocking is expected to appear in court again on Jan. 11.

He remains in jail on $500,000 bond.