A Vernal man has been sentenced to up to five years in prison for his conviction of attempted manslaughter in the 1989 shooting of his 17-year-old stepson.

Charles Montgomery, 56, was convicted Dec. 4 after a two-day trial on the third-degree felony charge.Prosecutors said Montgomery shot David Bailey once in the chest with a .22-caliber handgun after a daylong argument that included a fist fight. Bailey, now 19, has recovered.

At trial, Deputy Uintah County attorney Alan Williams said Montgomery's action was premeditated, but defense attorney Harry Souvall said his client had been "beaten bloody" by Bailey.

On Monday, defense attorney Bob McRae argued for leniency. But Judge Dennis Draney agreed only to give Montgomery credit for the 105 days he spent in Utah State Prison for a pre-sentencing psychiatric evaluation.

"This has been a difficult matter to decide, but we cannot send too strong of a message that actions such as this are not acceptable in our society," the judge said.