A man who said he was experiencing a mental health crisis when he opened fire inside the Hazel Dell Wal-Mart in October has not been barred from owning firearms in the future.
Shaun Michael Sprague, 35, of Sheridan, Wyo., was sentenced Thursday in Clark County Superior Court to a total of 16 months in jail.
He pleaded guilty to aiming or discharging a firearm, reckless endangerment and third-degree malicious mischief. Sprague additionally pleaded guilty to third-degree domestic violence malicious mischief in connection with a residential fire in Hazel Dell. Both incidents were charged under one case.
All of his convictions are gross misdemeanors and don’t prohibit him from owning a firearm after he serves his time and two years’ probation.
Judge Bernard Veljacic expressed concern over Sprague retaining his right to possess a firearm — given his “severe mental health issues, (he) was off his medication and consuming street drugs” at the time of the shooting, he said.
“It bothers me,” Veljacic said. “He hasn’t shown himself trustworthy.”
Still, Veljacic said there wasn’t much he could do based on the charges before him. And he recognized that Sprague is serving more time than he would if convicted of second-degree assault, a felony.
“I don’t have to like it, but I’ll follow the law,” he said.
Although Deputy Prosecutor Aaron Bartlett mirrored the judge’s concern, he said after the hearing that there was no evidence to support felony charges in the shooting.
No one inside the Wal-Mart saw Sprague point his firearm at anyone or shoot in the direction of people. And there is no felony charge in Washington state for simply discharging a firearm, when it doesn’t cause a person to fear being shot, he said.
“Operating a firearm in such a reckless manner in a public establishment certainly seems like a felony offense. However, it’s not classified as such under the law until the Legislature specifically determines that type of conduct is a felony offense,” Bartlett said in a phone interview.
“When the prosecutor’s office is faced with such conduct we can only charge with what the law allows, not what we want the law to be,” he added.
Shots fired
Clark County sheriff’s deputies arrested Sprague shortly before 7 a.m. Oct. 4 inside the Wal-Mart at 9000 N.E. Highway 99 after a store manager called 911 to report an active shooter. The store had been open for about an hour. Employees and shoppers either evacuated or sheltered in place, according to the sheriff’s office. No one was injured.
Sprague had a revolver in his possession and fired shots near the Subway restaurant inside the store near the front entrance, according to an affidavit of probable cause.
Jake Bodle, who was opening the Subway restaurant, said Sprague entered the store and asked for a sandwich. He told Sprague the restaurant wasn’t open yet but that he would make him a sandwich when he was done setting up for the day, the affidavit states.
Bodle was standing at the front counter when he saw Sprague point a gun toward merchandise in the store. Sprague fired six shots and then placed the revolver on a nearby table, court records said. Bodle ran to the restaurant’s back room and saw Sprague fire two more shots before placing the gun on the table again, according to court documents.
While talking with authorities, Sprague said he went into the Wal-Mart because he was cold and wet. He said he took “speed” — a term for amphetamines — a couple days prior and planned to kill himself but changed his mind, the affidavit states.
The day before, Sprague set a kitchen fire in the home he was staying at in the 3000 block of Northeast 75th Street. He dipped a pair of fuzzy dice in gasoline, lit them on fire and placed them inside a kitchen cabinet, according to a separate probable cause affidavit.
A roommate told officers he went to bed about 11 p.m. Oct. 2 and woke to the sound of the smoke detector and the smell of smoke. He found the fire downstairs and extinguished it. He also smelled rotten eggs, he said, and discovered the gas line had been disconnected to the water heater in the garage, the affidavit said.
Sprague initially faced first-degree arson in the residential fire but that charge was amended as part of a plea deal. He pleaded guilty as charged in the Wal-Mart shooting.
“I’m not real good with words,” Sprague said during sentencing. He acknowledged that he struggles with mental health issues.
Bartlett said he and Sprague’s attorney, Gerry Wear, reached the plea agreement in part because the defense wanted to sever the two incidents. The prosecution was concerned about potential weaknesses in the arson case, he said.
All of the named victims in both incidents supported the resolution, Bartlett said.
Sprague will receive credit for 148 days in custody. He must undergo mental health and substance abuse evaluations and treatment.
