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A Renville County felony offender had his mandatory prison sentence stayed after the arresting deputy asked the court show the offender mercy earlier this month.

On Aug. 1, Richard Leo Peters, age 56, of Morton, was sentenced for Assault in the Second Degree (assault with a dangerous weapon).

On July 31, 2022, a Renville County Sheriff’s Office deputy responded to the residence of Richard Leo Peters, age 56, of Morton. The dispatcher’s office had been told Peters may be having a possible diabetic-based medical episode. The deputy was informed Peters had been drinking heavily throughout the day and not maintaining his blood sugar.

Inside Peter’s residence, the deputy heard Peters’ say, “I’m loaded and ready to go.” Then Peters turned the corner carrying a rifle with a loaded magazine. He aimed the rifle directly at the deputy as the deputy stood in front of Peters’ daughter and grandchild. The deputy repeatedly ordered Peters to drop the firearm until Peters eventually did. Peters was arrested and transported to the Renville County Jail.

The charge of Assault in the Second Degree carries a mandatory commit to prison under Minnesota Statutes. However, there is a statute that allows a county prosecutor to make a motion to the Court to sentence without regard to that requirement, and stay an executed prison sentence.

After speaking extensively with the Renville County deputy, and hearing the deputy’s strong desire to see Peters get sober and be with his family rather than go to prison, Renville County Attorney Kelsie Kingstrom asked the court to drop that requirement and stay a prison sentence. Kingstrom said, “These motions are not made lightly.”

On August 1, the judge sentenced Peters to a 36-month stayed prison sentence, 5 years of probation, and 45 days in jail. Peter’s is required to obtain a chemical use assessment, abstain from any drugs or alcohol, and submit to random testing, not possess any firearms or ammunition, and follow a variety of other terms of probation. Peters is required to report to the Renville County Jail no later than September 1, 2023.