Dispute lands resident in jail

ESCANABA - An Escanaba man was sentenced Thursday to three months in jail on a charge of attempted felon in possession of a firearm.

Judge Stephen Davis delivered the sentence in Delta County Circuit Court, ordering Gary Allen Bruce, 31, to return to the county jail where he had previously sat for 41 days.

Bruce was arrested April 22 after allegedly pointing a loaded gun at Michael Meyers, 30, Gladstone, early that morning in the defendant's home, following a dispute that happened in a bar.

The gun, which police said contained ammunition, was a .35 caliber rifle.

Bruce was charged with three counts: assault with a dangerous weapon; using a firearm in the commission of a felony; and felon in possession of a firearm.

In a plea agreement with the prosecution in June, Bruce pleaded guilty to a lesser charge of attempted felon in possession of a firearm.

In exchange for the guilty plea, the prosecution agreed to dismiss counts one through three, as well as the habitual offender notice, which would have doubled his sentence.

Bruce was previously convicted for the felonies of operating a motor vehicle while under the influence of liquor, third offense, and domestic violence, third offense, as well as several misdemeanors.

During Thursday's court proceedings, Bruce's attorney Don LeMire told the court his client was unaware he could not possess a firearm, thinking enough time had passed since his last felony conviction and that the condition no longer applied.

LeMire also said, up until the point of pulling out the rifle, Bruce had done nothing wrong.

Bruce's and Meyers' phone records were obtained and confirmed Bruce's testimony, that Meyers had instigated the fight at the bar, threatened him over the phone and entered the defendant's home without permission.

"Everything Mr. Bruce did up to that point was lawful under the law of self defense, the law of defending one's property...," said LeMire. "He did make a terrible mistake in judgment. Hopefully you will just be punishing him for his mistake in judgement."

Meyers had claimed Bruce was the aggressor, and had invited him into his home.

"His story made no sense," said LeMire Thursday.

Bruce apologized for having the rifle in his possession, and said he has tried to reform and provide for his children.

"I want to say I love my family and children very much," he said. "I've done the best I can for them to support them and I tried to walk away from that argument that night, from Meyers, but he wouldn't leave it alone. I apologize for having a rifle in my home."

In addition to three months in county jail, Bruce was sentenced to 12 months probation during which he will have to complete outpatient or residential treatment for substance abuse, and will not be allowed to possess or be in the presence of alcohol, controlled substances or weapons. He must follow a curfew set from 11 p.m. to 6 a.m. He is also ordered to pay $1,718 in fines and costs and attorney fees yet to be determined.

Bruce was granted work release to allow him to pay fines and costs. He will also receive credit for the 41 days he served in jail.