Man gets suspended sentence for role in Ferndale attack

The first of three men charged after a Fourth of July beating has been sentenced.

Ryan Horn, 19, was given a six-month suspended sentence to the Flathead County Detention Center.

Horn pleaded guilty Thursday to a reduced charge of misdemeanor assault.

Horn initially was charged with felony aggravated assault for allegedly helping Andrew Nelson, 19, of Kalispell, and Gaige Mower, 20, of Somers, assault Antonio Valencia at the Ferndale Market on July 4, 2013.

Nelson beat Valencia with a golf club until it broke. Valencia’s injuries included a fracture of the C-5 vertebrae.

During the Jan. 2 hearing in Flathead District Court, however, it was explained that Horn’s only involvement in the assault was getting between Nelson and Valencia, then shoving Valencia to the ground to get him out of the range of Nelson’s attack.

That determination, supported by the Flathead County Attorney’s Office, was made after several videos of the incident recorded from several angles corroborated the story. Deputy County Attorney Ken Park called Horn’s involvement “extremely minimal” compared to Nelson and Mower.

Horn’s attorney, Lane Bennett, said the videos also were sent to an out-of-state expert to have them enhanced, which further supported Horn’s minimal involvement. Bennett said Nelson confirmed the story during an interview in which he said he believed Horn was trying to stop the fight.

Horn pleaded guilty to the lesser assault charge since he could have grabbed Nelson and pulled him away rather than making physical contact with Valencia.

Since Horn was not responsible for any of Valencia’s injuries, his plea agreement stipulates that he will not owe any restitution for Valencia’s hospital bills.

In addition to handing down the suspended sentence, District Judge Heidi Ulbricht ordered Horn to pay a $200 fine and a $75 surcharge.

Separately, Nelson has pleaded guilty to felony assault with a weapon in exchange for dismissal of a second felony charge of aggravated assault. His sentencing is set for Jan. 23.

Mower, the driver of a green Subaru that followed Valencia to the Ferndale Market, has pleaded not guilty to felony aggravated assault.