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Weatherly sentenced for Dec. 2020 shooting

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A Bismarck man accused of firing shots at a vehicle in late 2020 will spend two years on supervised probation.

Nicholas Weatherly, 48, was arrested in Rapid City, South Dakota, about a month after the Dec. 6 incident in Bismarck. He was charged with attempted murder for allegedly firing two shots at a vehicle in the 2700 block of State Street. One of the rounds hit the car. Neither of the two occupants was injured, police said.

Weatherly under the terms of a plea agreement entered an Alford plea Monday to a reduced charge of reckless endangerment. An Alford plea means he doesn’t admit guilt but recognizes there is enough evidence that a jury would likely find him guilty if the case went to trial.

Defense attorney Steven Balaban told South Central District Judge Daniel Borgen that the agreement was fair, adding that “neither side has a slam dunk, so to say, for trial.”

Borgen accepted the agreement reached by Balaban and Assistant Burleigh County State’s Attorney Tessa Vaagen. He sentenced Weatherly to five years in prison with all but 64 days suspended, and allowed Weatherly credit for 64 days already served. Borgen also ordered Weatherly to complete anger management treatment, and to pay $560 in fines and fees.

Reach Travis Svihovec at 701-250-8260 or Travis.Svihovec@bismarcktribune.com

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