Friday, May 8, 2009

Man gets probation for gun incident

Peter Malarkey pleads guilty to misdemeanor charge

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By TERRY SMITH
Express Staff Writer

A Hailey man who allegedly pulled a gun on his neighbors last September has been sentenced to 24 months of probation after pleading guilty to a misdemeanor charge of exhibition of a firearm.

Peter S. Malarkey, 49, was originally charged with felony aggravated assault following a confrontation with his neighbors on Aspen Valley Drive in east Hailey. Police reported at the time that the neighbors' dogs, resembling pit bulls, wandered into Malarkey's yard and frightened his daughter.

Hailey police alleged that a shouting match ensued and Malarkey went into his house, got a handgun and pointed it at neighbors Heather Angel and Tyler Watson. Police were called and Malarkey was arrested.

Malarkey was sentenced Tuesday by 5th District Court Judge Barry Wood.

Douglas Nelson, Malarkey's attorney, said Thursday that Malarkey brought the gun from the home because the dogs were still threatening Malarkey's wife and daughter.

"There was a vicious dog involved and Peter reacted the way a lot of people would have reacted," Nelson said.

Malarkey was also originally charged with domestic violence with a child present for allegedly pushing his wife during the incident. That charge was dismissed in March.

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Nelson said the charge "had no merit" because Malarkey "pushed his wife out of the way" of a threatening dog.

Terry Smith: tsmith@mtexpress.com