Pherigo sentencing delayed again in 2024 downtown assault
Ethanel Pherigo appeared in court Oct. 24 for what was scheduled to be his sentencing hearing.
Over the summer, he signed an agreement to plead guilty to robbery for his role in the Sept. 8, 2024 assault on a man in the alley behind City Bar at 709 Central Ave.
In exchange for the state dropping the aggravated assault charge, the case moved to sentencing and the prosecution is recommending 40 years in the Montana State Prison.
Pherigo has been scheduled for sentencing in September, but attorney’s had conflicts and it was rescheduled for Oct. 24.
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When Judge John Parker opened the hearing at 2 p.m., he said Pherigo’s defense attorney was not present.
“I regret the delay everyone. I don’t know the reason for it, but I regret it,” Parker said.
The victim’s wife was in court, as were several of their friends and family.
Some of Pherigo’s family were also present.
Pherigo’s attorney, Sam Harris, walked into court at 2:07 p.m.
Parker asked if they were ready to proceed to sentencing and Harris said there was some information provided to the defense recently that Pherigo hadn’t seen yet, so he requested a short break.
Pherigo takes plea in downtown assault; others involved have upcoming trials
Parker said they’d take a 10 minute recess and when he returned to the bench at 2:23 p.m., Parker said to the victim and his family, “I absolutely understand how much of a nightmare this case has been for you,” and also for Pherigo’s family, but he was convinced they could not continue sentencing.
Parker said he was immediately removing Harris from the case and appointed a public defender that would either take the case, or until a different private attorney was hired.
Parker said he was rescheduling sentencing for December and said he regretted having to do so.
Parker advised Harris not to comment during the remainder of the hearing.
He said the situation was out of his control and he was sorry he had to do it.
Parker did not disclose in open court why Harris was removed from the case.
Pherigo remains in the Cascade County Adult Detention Center on a $400,000 bond.
Pherigo was 19 at the time of the assault.
Deberry changes plea in 2024 downtown assault
Pherigo’s case has been winding and he appeared in court for a June 4 status hearing, after signing a plea agreement over the winter, but then firing his attorney and prosecutors thought he was considering withdrawing his guilty plea.
During the June hearing, Pherigo told his new attorney, Sam Harris, that he was ready to proceed with his case and move to sentencing, but Ryan Ball, deputy county attorney, said the prosecution wasn’t yet prepared since they had several people to testify about the effects of the assault, including the victim.
Juvenile’s charge upgraded to attempted homicide in Sept. 8 assault case [2024]
According to prosecutors, Pherigo’s family was also planning to attend his sentencing hearing.
Shaun Deberry and Jesse Edwards, Jr. were also charged in the assault.
Deberry was 19 at the time of the assault and Edwards was 14.
Two more charged in Sept. 8 assault; two women charged in connection with missing 12-year-old [2024]
Deberry signed a plea agreement in September for his role in the assault.
He was initially charged with a felony count of aggravated assault, which prosecutors upgraded to accountability for attempted deliberate homicide.
In the agreement, he plead guilty to accountability for robbery.
A person convicted of that charge faces a prison term of not less than two years or more than 40 years and may be fined up to $50,000.
Prosecutors aren’t making a sentencing recommendation, but the victim and/or his family are expected to testify at sentencing.
Pherigo takes plea in downtown assault; others involved have upcoming trials
A person convicted of accountability to attempted deliberate homicide faces life in prison, or a term of not less than 10 years or more than 100 years, but it also requires prosecutors to prove intent, according to the Cascade County Attorney’s Office.
Edwards was 14 at the time of the assault and was initially charged with felony aggravated assault in juvenile court.
Prosecutors upgraded his charge to deliberate attempted homicide last fall, but his case is still pending as the court determines whether to try him as an adult or a youth.
A transfer hearing had been scheduled for Oct. 21, but that was continued because Parker. It’s been continued several times before.
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