During a sentencing hearing Monday, the Florence man found guilty of manslaughter earlier this year was sentenced to four years in the Department of Corrections, to be followed by three years of mandatory parole,
Mark Nielsen, 58, was granted 455 days for time served for in-home detention and credited 188 days for time served in county jail.
He originally was charged with second-degree murder, a Class 2 felony, for shooting 64-year-old John Achterkirch on July 28, 2020.
"I regret completely what happened; I maintain that I was afraid for (my fiancé) Danylle's and my life," Nielsen said during the sentencing. "But I will respect the jury's verdict and the court's sentence. I am truly sorry about how it has affected everyone involved and I ask for forgiveness."
He said since the shooting, he has prayed for guidance and reflected on his life and how he can become a better man.
"I wish to continue giving back to the community and do my best to improve the lives of those around me," Nielsen said. "I thank God for what I've learned during this, and I will continue to seek His guidance in the future."
Senior Judge Michael Mullins said it is concerning that a jury of 12 found that Nielsen was not justified in the shooting, yet Nielsen continues to contend that he was justified.
"The court has to take into consideration that even though notwithstanding that, what impact does that have on the safety of the community or the possibility of this occurring again," Mullins said. "I don't necessarily believe that it will, but taking that kind of position puts me in a situation where if these same events occurred in the same manner that they occurred, feeling justified, would you do the same thing?"
Despite Nielsen feeling that he was justified, Mullins said he has not heard any remorse about Achterkirch's death.
In his presentence investigation report, Nielsen said that he was afraid for his and Shatto's lives but still didn't feel guilty.
"The way I look at it, it is still about you and not enough about the victim and the victim's family and the harm this has caused," Mullins said. "... Achterkirch is no more, he is only a memory now to the people who love him and what you did that night, for whatever reason, caused that pain and suffering and loss."
Nielsen told investigators that Achterkirch became upset when his fiancé, Danylle Shatto, told him earlier in the day that she had turned in his stepdaughter, Joleigha Johnson, for an outstanding warrant. Achterkirch and Shatto, who also was his niece, exchanged numerous text messages and phone calls while he was driving home to Florence from his job in Castle Rock.
After Achterkirch arrived home, an altercation ensued, but testimony as to the actual chain of events changed with each interview with authorities.
During the trial, prosecutors contended that Nielsen made the choice to shoot an unarmed man in the head who had done nothing at that moment.
The defense, however, argued that Nielsen acted in self-defense.
Nielsen and Shatto told authorities that Achterkirch entered the home that night like a raging bull, hitting things and kicking the door open, but investigators found no signs of such a disturbance. However, Nielsen was medically treated for injuries sustained during the altercation.
Nielsen said Achterkirch had injured him by slamming his head into a bar and pushing him up against a wall and was heading directly toward Shatto when he fired his weapon.
Nielsen was approved for community corrections, but if sentenced to DOC, the sentencing range was two to six years. His defense team argued for a sentence to probation or community corrections, considering he had no criminal history.
Deputy District Attorney Wendy Owens asked for the maximum prison sentence.
"I am sorry for the loss of the family and unfortunately, this unfortunate situation has ended up with nothing but pain and suffering for everyone," Mullins said. "I hope that everybody can heal and move on with their life. I know it's difficult; when you lose a good man, it takes a long time to mourn and move on, but I am sure he would want you to do that."