Couture gets life sentence

By Nate Traylor, Leader Staff

The man who shot a 19-year-old 19 times for stealing marijuana was sentenced to life in prison with no possibility of parole, despite opposition on the part of his attorney who claimed a pre-sentence investigation was “improper.”

Defense attorney John Putikka defended his client James Arthur Couture last week during a sentence hearing when he charged that the pre-sentence investigation (PSI) compiled by the parole department was filled with false statements and requested that whole paragraphs be stricken from the document.

“The probation officer didn’t have the facts straight,” he told Judge Kim Christopher.

According to testimony and evidence entered at Couture’s trial, Daniel McLeod was shot for stealing a large quantity of marijuana from Couture, who was dealing at the time.

Putikka cited numerous statements within the document that he considered incorrect, and that the PSI included facts that weren’t relevant to the case as a means to “aggravate the sentencing.”

He pointed to one statement that read “The defendant conceived a calculated plan” to get revenge on the person stealing from him.

“That’s not even remotely true,” he told the judge, explaining that the only motive in Couture’s crime was to protect his property.

He also objected to statements that alleged Couture was a danger to society.

“He is only a threat to those who enter his home unlawfully in the middle of the night to commit a felony,” he said referring to the May 2, 2004 burglary of Couture’s residence. That was the night McLeod stole large quantities of marijuana from Couture’s home, according to testimony from McLeod’s friends, many of whom urged him to return the drugs.

Couture then plotted to kill McLeod for his theft, and tried to catch him stealing more marijuana, according to testimony from other witnesses.

Putikka passionately argued that putting his client away for life sends the message that you cannot defend your home or your property without consequence of the law.

“All my client ever wanted was to be left alone,” he stated.

Putikka requested that his client receive 40 years with 30 suspended for deliberate homicide and 10 year sentences on the charges of tampering with physical evidence.

Judge Christopher said that, while she appreciates the “Montana mentality” that you can defend your home with use of firearms, “There is a difference between defending and executing.”

With that, the court paused for 19 seconds of silence in remembrance of McLeod.