Sentencing hearing for 2022 knife attack rescheduled
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POCATELLO — The sentencing hearing for a man who pleaded guilty to slashing another man’s face in a grocery store parking lot has been rescheduled.
Burke Ryan Bailey, 46, pleaded guilty to a felony charge of aggravated battery in exchange for the dismissal of a deadly weapon enhancement.
Bailey was scheduled to be sentenced by District Judge Javier Gabiola on Monday. However, he appeared in court and asked for the hearing to be continued as he has been sick and has not yet had a chance to read a presentence investigation report.
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A presentence investigation, ordered by the presiding judge — Gabiola, in this case — is a collection of reports from psychological examiners, probation officers and others. The reports list the defendant’s — Bailey’s — potential risk to reoffend and factors that contribute to criminal behavior, like mental disease and drug and alcohol addiction.
Experts who create the report offer recommended sentences, but the final decision on sentencing is made by the judge.
A new sentencing hearing has been scheduled for April 1.
A plea agreement reached by the prosecuting attorney, Johnathan Radford, and Bailey’s defense attorney, Zachary McArthur, does not outline an agreed-upon sentence. The maximum sentence for the charge is 15 years in prison.
A restitution request has already been filed — for $1,344 to be paid to the victim and another $687.40 to be paid to the Idaho Industrial Commission.
Background
Bailey was arrested in August 2022 following an attack that occurred in a parking lot at a grocery store in Pocatello. The victim and a witness told police that they were sitting inside the victim’s truck in the parking lot when Bailey approached and began yelling at them.
After a brief exchange, Bailey slashed the man in the face, leaving what police reports describe as an 8-inch cut near the victim’s eye.
EastIdahoNews.com received emails from a man claiming to be Bailey’s brother, claiming Bailey’s freedom jeopardizes his and his family’s safety. In the emails, the man said Bailey should receive the maximum allowed sentence.