A Layton man who was shot and wounded by police last year after he shot and wounded the mother of his two children was sentenced Thursday to five years probation and a year in jail.
Brian Lane Harris, 24, pleaded no contest to two counts of aggravated assault and one count of obstructing justice, all third-degree felonies, for his role in the March 21, 2012 confrontation that ended with police shooting him.
On Thursday, 2nd District Judge Robert Dale sentenced Harris to a year in jail, giving him credit for 169 days that he has already served, according to Deputy Davis County Attorney Richard Larsen. Harris also was ordered to be on probation for five years, and was ordered to enter the Northern Utah Community Correctional Center as part of that probation.
After being shot in the head by police, Harris’ brain injury hindered his competency and stalled progress in the case, according to Larsen.
In November 2012, he was sent to the Utah State Hospital for treatment after being found incompetent to stand trial. By late July, medical professionals believed his competency had returned, and he could face charges.
Harris’ no contest pleas were the result of a November plea deal. He was originally charged in with second-degree felony discharge of a firearm, aggravated assault and obstructing justice, both third-degree felonies, and misdemeanor charges of failure to stop at command of law enforcement, domestic violence in the presence of a child and obstruction of justice.
Prosecutors allege that Harris shot his live-in girlfriend, Kayla Lee, in the upper thigh while their two children were in the home on March 21, 2012.
Police responded, and they shot Harris after he reportedly would not respond to police commands and was going to re-enter the home, where his children were still inside.
In June of last year, the Davis County Attorney’s Office announced it had determined the officer was justified in shooting Harris.
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