Man gets prison time for assault, stalking

Published: Tuesday, Nov. 10, 2009 12:39 a.m. MST
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Robert Wayne Hunter, who smashed a sliding glass door and burst into the home of his former boss, who was living with Hunter's estranged wife, was sentenced to prison on Monday.

Prosecutors insist Hunter had threatened to kill the pair and believe Hunter intended to do just that. But defense attorneys maintain Hunter simply wanted to talk his wife into coming back to him and ended up getting shot in the process.

Hunter, 51, pleaded guilty in September as part of a plea bargain to aggravated assault and domestic violence, second-degree felonies, and stalking, a third-degree felony.

After a lengthy sentencing hearing marked by a number of conflicting claims, 3rd District Judge Paul Maughan rejected the prosecutor's request for prison time for all three offenses, calling that too harsh of a punishment. But the judge also chose not to follow defense recommendations for a sentence of only out-of-state probation.

Instead, Maughan sentenced Hunter to zero to five years in prison for the stalking conviction. The judge also imposed, but suspended, sentences of one to 15 years behind bars for the other two charges. Utah's parole board will determine exactly how much time Hunter will serve

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Hunter told a co-worker last year that he intended to kill his then-estranged wife, Elaine, and the man whose West Valley house she was living in, Joseph McIntosh, who also was Hunter's boss, according to court records. The couple has since wed.

McIntosh testified at a March preliminary hearing that Hunter showed up at his house on Sept. 17, 2008, shattered the glass door and barged inside. McIntosh fired a shotgun at Hunter, who was wounded, but managed to stagger out and collapse near his truck.

Police recovered a revolver in Hunter's boot, another handgun in the truck and a sledgehammer with glass particles on it.

Elaine McIntosh testified at the preliminary hearing that she left Hunter after a 30-year marriage in which she claimed he was violent. She rented a room from McIntosh and over time she said the relationship with McIntosh changed from friendship to romance.

She told the judge Monday that she still sees Hunter as a threat to both her and her new husband. "Even if he was out of state, he would find a way to come back."

Joseph McIntosh agreed. "I did not steal her away from Bob and break up his family — he broke up his family. He threatened us, he followed through, and he will do it again."

However, Melissa Hunter, the daughter of Robert and Elaine, painted a different portrait, describing her father as a hard-working family man who stuck by a wife plagued by emotional problems, suicidal impulses and heavy drinking and who eventually walked out on Hunter.

Defense attorney Steven Shapiro said Hunter has been punished by losing his house, losing full mobility in his right arm and hand from the shooting and spending more than a year in jail realizing his bad decision brought this upon him.

However, prosecutor Tupakk Renteria said Hunter keeps blaming the victims, the prosecutors and even his own attorneys for his situation.

Hunter told the judge he was sorry for what he had done and said he poses no threat to the McIntoshes.

"The truth of the matter is, I made a mistake. I also paid a horrendous price for that mistake."

e-mail: lindat@desnews.com

Recent comments

One thing is for sure, McIntosh and the Mrs, will not last. Mr....

Cosmo | Nov. 10, 2009 at 1:44 p.m.

You just don't mess with someones wife, especially if she is your...

THEeyepatch | Nov. 9, 2009 at 6:31 p.m.

Image

Robert Wayne Hunter attends his sentencing in Salt Lake City Monday. He received to up to five years in prison.

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