Pherigo sentencing pushed to June for 2024 downtown assault

Ethanel Pherigo appeared in court March 9 for a status hearing.

Last 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’s sentencing was scheduled in September and October, but delayed both times.

Alex Jacobi, a public defender for Pherigo, requested that sentencing be set toward the end of March.

Court considering whether juvenile involved in 2024 downtown assault should be tried as adult

Judge John Parker said that he didn’t think the defense’s work could be done by the end of the month and that wouldn’t leave much time for the prosecution to rebut.

He said he didn’t want to keep moving sentencing and the “emotional pain” caused by the case. “I regret the delay we’ve had up until now. It’s extremely frustrating for all of you.”

DeBerry sentenced to 40 years in 2024 downtown assault [2025]

Parker said he didn’t want to have mistakes made in the case and face appeal, putting families on both sides through that process again.

Parker said he thought it would be sensible to move sentencing to late June.

“This is hard on both sides,” he said.

In October, Parker opened what was scheduled to be the sentencing hearing at 2 p.m., but Pherigo’s defense attorney at the time, Sam Harris, 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.

Pherigo sentencing delayed again in 2024 downtown assault [2025]

Some of Pherigo’s family were also present.

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 [2025]

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 sentencing could not continue.

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 [2025]

Pherigo’s case has been winding and he appeared in court for a June 4, 2025 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, 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 and was sentenced in December for his role in the assault to 40 years with the Montana Department of Corrections, with none suspended, a 20-year parole restriction and $709,000 in restitution.

He’s credited for 466 days of time served so far in the county jail.

He was initially charged with a felony count of aggravated assault, which prosecutors upgraded to accountability for attempted deliberate homicide.

Weekend crime roundup: man charged for stomping on man’s head in alley; man charged for carrying gun near mall; woman charged for hitting another in the head with a rock [2024]

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.

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.

Court considering whether juvenile involved in 2024 downtown assault should be tried as adult

A transfer hearing was held in January, but Parker hasn’t yet decided whether Edwards’ case will remain in adult court or be sent to youth court.