BELFAST — A former Staceyville man, in a plea agreement, was sentenced in Waldo County Superior Court April 25 to five years in prison, with all but four months suspended, and 18 months of probation. Richard L. Small, 46, pleaded no contest to charges of criminal threatening with a dangerous weapon and assault stemming from an incident in Troy in August 2012.

The plea came after Small met with District Attorney Eric Walker to review potential evidence in the case. The meeting resulted in Small's decision to plead, despite maintaining through his attorney that he was not the party responsible for the crimes committed.

A "no contest" plea means that the defendant does not want to say they are guilty, but accepts the sentence recommended by the prosecutor in exchange for not contesting the charge, which is often reduced to a lesser crime.

While the two victims of the crime picked Small out of a photo line-up, Walker said the state had difficulty finding concrete physical evidence to tie Small to the crime -- beyond the victims' identification. It is alleged by the victims that Small and an unidentifiable second assailant drove to their residence, where Small exited the vehicle wielding a black .45-caliber handgun while yelling at the victims to "get on the ground."

The victims, who said they had no previous relationship or connection to Small, refused his demands and were pursued by Small when attempting to flee the area, which eventually resulted in the male victim being pinned against the side of his house, Walker told the court. Walker continued describing the events to the court, saying that once trapped, the victim reported that he attempted to disarm Small. During the struggle, the victim told police one round was fired from the weapon, though investigators were later unable to locate the bullet. The two men continued to wrestle, Walker said, during which time the second assailant, who has never been identified, exited the vehicle brandishing a stun gun, which he allegedly used on the victims legs during the struggle. The victim was minimally impacted by the shock, as evidenced by his ability to continue battling Small, said Walker, but eventually both the victim and Small began to tire from their struggle. It is then that the victim alleges Small stated he would leave if the victim would return his weapon. Initially reluctant, the victim reported that he relented when he noticed that the weapon did not have a clip loaded.

Walker acknowledged during the proceedings that when he originally received the case, he intended on seeking much more severe penalties than the plea deal ultimately agreed upon. Walker cited a lack of supporting evidence as the reason for the change.

"We had no motive for this crime, no other witnesses, no DNA, no fingerprints and no other corroborative testimony or evidence," Walker told the court.

Walker also acknowledged that the victims of the crime were dissatisfied with the plea agreement.

"In the end, I think the victim understood why I agreed to [the plea] and the logic behind it and agreed it was the right thing to do - even though he didn't like it. Countless hours of work went into this case by my office and the state police," Walker said. "And in the end I think we obtained the best result possible under very difficult circumstances."

According to both Walker and the victim during the proceeding, their frustration was increased by the knowledge that Small was convicted of a very similar crime in 1988.

The plea agreement, which was accepted by the judge, includes five years in prison with all but four months suspended, which had already been fulfilled by time served. Additionally, Small will serve 18 months of probation, which will be served in North Carolina, Small's new state of residence.

Despite Small's living in a different state, the victims shared their lingering trauma with the court during their victim impact statements.

"I'll never feel safe," one victim told the court. "Mr. Small will walk out of here a free man, but we have a lifetime to carry [this] with us."

As a part of the plea agreement Small is prohibited from entering the town of Troy for any reason during his probation, and he is barred from having any direct or indirect contact with the victims.

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Erica Thoms can be reached at news@penbaypilot.com.