Hammer killer sentenced to 40 years in prison

Desmond Alan Mackay’s lawyers fought for Mackay’s life until Sept. 14 when Lake County Court Judge James A. Manley amended charges against Mackay from deliberate homicide to mitigated deliberate homicide, which took the death penalty off the table and made his rejected plea deal doable.

Mackay was sentenced to 40 years in prison Oct. 28. Mackay, 36 of Polson, faced Felony Murder charges after he killed his father-in-law John Barrows March 5, 2014.

The accidental murder took place after Mackay, who hid behind a door with a hammer raised and readied to kill his brother in law Jesse Waugh, missed his target and killed Barrows instead, Lake County Court records said. 

During later questioning Mackay told authorities he planned the hammer attack to exact revenge on his brother in law, who owed him money, Lake County Court records said.

Though Mackay’s attorneys tried unsuccessfully to argue Mackay was unable to understand what he did, a Department of Health and Human Services report showed that Mackay did not fall into that legal category.

A week later, this spring, Mackay agreed to a plea deal where he would admit to mitigated deliberate homicide and assault with a weapon, for which it would  be recommended he would be to 40 years at Montana State Prison plus 20 years, concurrent with no parole restrictions.

But Christopher had a problem with the plea deal, but accepted it in April “pending the pre-sentencing investigation,” a process in which Mackay was tested once again.

On June 18, when Mackay appeared for his sentencing, Christopher changed her mind about the plea agreement, court records said. 

“My concern in this matter is this is charged as a deliberate homicide,” Christopher said in June. “One of the penalties, although it was waived by the State, is the death penalty. And the death penalty requires the court to look at aggravating and mitigating circumstances.”

Christopher said “…all of the factors in this matter indicate that the defendant did lie in wait and ambush an individual. He ambushed the wrong individual and he’s admitted to that to his credit. But the argument that was made to the court was essential a self-defense argument based on this long-term animosity between the two parties – well, between the defendant and the intended victim.”

“This case, especially in view of the conflicting experts and the circumstances of the event, is a case that demands the review of our community and the evaluation of a jury as to the facts.”

Christopher withdrew Mackay’s plea agreement, reinstated his not guilty plea and scheduled his jury trial for Sept. 28.

Shortly thereafter, Christopher asked to re-assign the case and District Court Judge James A. Manley took over.