A man alleged to be both a victim and an assailant in a May 19 shooting at Karen Hornaday Park will make a plea deal on a collection of charges, including a charge of second-degree assault.
Sean Carpenter, 26, appeared telephonically in court for a change-of-plea hearing at the Homer Courthouse before District Court Judge Margaret Murphy on Monday. As part of a plea deal, his lawyer, Mark Osterman, said Carpenter would plead guilty to an amended charge of second-degree assault, a misdemeanor, and be sentenced to 12 months in jail with 12 months suspended. A June 2015 robbery charge was to be dismissed, but he agreed to pay restitution in that case. The deal also included dismissal of theft and burlgary charges.
Carpenter also planned to plead guilty to a 2015 charge of fourth-degree misconduct involving a controlled substance and receive a sentence of 24 months in jail with 20 months suspended. However, as the hearing was underway, Osterman realized that charge was a felony and that Murphy would not be able to take the plea. Murphy is a district court judge and usually only takes misdemeanor pleas. Murphy said she could do a felony change of plea if a superior court judge granted a waiver of indictment. Rather than do that, Murphy consulted with Kenai Superior Court Judge Charles Huguelet and he agreed to a hearing at 10:30 a.m. today at the Kenai Court.
“I just screwed it up,” Osterman said.
In a previous hearing, charges of first-degree robbery and second-degree assault, both felonies, had been dismissed against Carpenter because there had not been a preliminary hearing or grand jury indictment in Carpenter’s case.
Homer Police said Carpenter had been involved in a drug deal on May 19 at Karen Hornaday Park with Reily Arambul, 20. Police alleged Carpenter tried to strangle Arambul. Arambul got away and then got a shotgun, police said. Arambul fired a round into the door of Carpenter’s Jeep Cherokee while Carpenter sat in the car. The shooting happened about 10:10 p.m. in a parking lot about 300 feet away from where children played at the park. No one was injured in the shooting.
Carpenter remains in custody at Wildwood Pretrial Facility. In court, Osterman said Carpenter has already served about 80 days, and that jail time would count toward his sentence.
Michael Armstrong can be reached at email@example.com.