A 29-year-old Rupert man has been sentenced to three years probation for gouging his boss in the neck last winter with a hay hook.
Gavin Wade Freeman was also given a withheld judgment, which means the conviction for felony aggravated battery can be erased from his record if Freeman successfully completes the terms of probation.
"I'm just glad that Mark's OK, and I wish him well," Freeman told the Idaho Mountain Express following sentencing Monday in Blaine County 5th District Court.
Freeman was referring to Mark William Clifford, his former employer. Clifford and a small crew were removing snow from roofs in the Cold Springs area south of Ketchum when an altercation occurred over a broken snow shovel on Feb. 2.
Defense attorney Douglas Nelson alleged that Clifford started the fight and was choking Freeman when Freeman swung back with the hay hook, stabbing Clifford in the neck. Clifford was treated at St. Luke's Wood River Medical Center and released the following day.
"The hard part of this is bringing the hook to the fight," said Judge Robert J. Elgee. "I feel that both you and Mark are fortunate that it didn't take one of your lives."
A hay hook is a metal tool about five inches long with a handle. Its intended use is for picking up hay bales.
"I'd like to say first of all that I'm sorry," Freeman told the court. "I don't know how it went as far as it did, but it did. It was stupid and I've certainly learned a lesson."
Deputy Prosecuting Attorney Matt Fredback, who recommended probation for Freeman in accord with a plea agreement, noted that the defendant has no prior serious criminal record.
"There may be some argument about self-defense," Fredback said. "But the important thing is that Freeman brought back a weapon. He brought back a hay hook."
Court records show that the fight ensued after Freeman was fired for breaking the shovel. He then picked up his belongings at Clifford's home and returned to where the crew was working.
"Mr. Clifford is lucky to be alive," Fredback said. "He could have easily killed him."
Nelson noted that Clifford might have been charged with a crime for choking Freeman if Freeman hadn't brought the hay hook to the fight.
"That little one thing is why we are here," Nelson said.
Gavin Wade Freeman
