GREEN RIVER — Charles Kincaid, 31, of Rock Springs, has been sentenced to 7-10 years in the Wyoming State Penitentiary for aggravated assault with a deadly weapon stemming from an incident with his wife back in February of this year.
Kincaid was found guilty by a jury on September 11 and was sentenced yesterday in the Third District Court of Judge Richard Lavery.
Lavery told Kincaid his decision was based in part on the lack of remorse the defendant showed both during his divorce proceedings with his ex-wife in October and during his final statement in court yesterday.
Lavery said Kincaid is “not specifically sorry for anything.” Kincaid told the court he was truly sorry for the agony he caused “everyone” in this situation. Lavery also stated probation wasn’t an option because Kincaid minimized both his alcohol and mental health issues during a pre-sentence investigation earlier this year.
He also added that many of Kincaid’s family and military friends spoke highly of him during mitigation, but that a lot of them have lost contact with him, and they expressed shock at the events in February.
Kincaid’s attorney, Eric Phillips, asked the court for probation and compassion so that his client could seek the treatment he needs for his afflictions. Phillips noted that his client had no criminal history and that losing his brother and another close friend to suicide has had a prolonged effect on his emotional state.
But Deputy County Attorney Kristi Pucci reminded the court that Kincaid pointed a .44 magnum “hand cannon” at his wife’s face and pulled the trigger after he held the gun to his own temple and pulled the trigger. Though the state could not prove there was a round in the chamber, Lavery told Kincaid the very thought of his actions chilled him to the bone.
Kincaid has spent 273 days in the Sweetwater County Detention Facility which will be taken off his sentence. He was also ordered to pay court costs for his case.