Accepting the agreement, District Court Judge Steven Cranfill sentenced Thull to five years of supervised probation and credited him for the 30 days he spent in jail after his arrest. Four to six years of prison time was suspended. Thull must also pay $245 to the court and $1,045.19 to cover his roommate’s medical bills as part of the sentence handed down July 17.
The roommate, Antroine Smiley, told police that early on Nov. 4, Thull kicked in a bathroom door, made threats, yelled expletives about unpaid rent and swung at him with a Japanese-style sword known as a katana, wrote Powell Police Officer Jason Pellegrino in an affidavit. Smiley told police he was cut by the sword on both hands after raising them up to protect himself, Pellegrino wrote.
However, Deputy Park County Attorney Tim Blatt said the investigation by law enforcement ultimately determined Smiley had been cut trying to grab and wrest the sword away from Thull.
“Apparently, he (Thull) was drunk and stumbling and he didn’t use the sword to cause any injuries,” Blatt said. That factored into the deal that was offered, he said.
Both Thull and Smiley had been drinking that night; Thull initially told police he didn’t remember much.
Smiley’s whereabouts have been unknown to police since February, police records indicate. That’s when a still-active municipal court warrant — for an unrelated disorderly house citation — was issued for his arrest.