Athol man to be sentenced for assault

ATHOL — An Athol resident will be sentenced later this month on an aggravated assault charge in connection to a confrontation over a snow plowing incident this past December.

Brian Alfred Gibbs, 56, pled guilty to aggravated assault and the use of a deadly weapon in connection to the incident. Gibbs pleaded guilty for both counts. He will be sentenced at the Bonner County Courthouse on Aug. 22.

According to a probable cause affidavit, Kenneth Burch was plowing snow Dec. 26 on a private access easement crossing Burch’s property for the driveway to Gibbs’ house. According to the probable cause affidavit, Burch told Bonner County Deputy Robert Earl that he was plowing snow on his property and forming a berm at the 90-degree junction between his driveway and the easement to Gibbs’ property.

Burch said that as he was plowing, Gibbs approached him and, according to court documents, he said he could see Gibbs “yelling and flipping him off” and had a “Glock type pistol in his hand, waving it around.”

Gibbs came just up to the other side of the berm that Burch was making and stood there as Burch continued to work, according to court records. Then, “he heard Gibbs fire 3-4 shots, with some striking his bucket.” According to the affidavit, deputies checked the bucket of his Bobcat and found a slight divot that appeared to be from a gunshot.

When deputies questioned Gibbs, he said he acted in self-defense and was not trying to kill anyone. Gibbs told deputies that the shots were fired for his own protection. As Gibbs was standing near the berm while Burch continued working, Gibbs said he started to get buried by the snow. One load, Gibbs alleged, knocked him on his back. With more snow being dumped on top of him, Gibbs felt it necessary to discharge his weapon in the air.

When asked by deputies why he did not retreat to a safer location Gibbs replied “I stand my ground.” Court records indicate that, prior to explaining his rationale for the shooting, Gibbs had already shown deputies several videos of the confrontation. According to court documents, in one video Gibbs can be heard shouting at Burch “I will shoot you.”