Plea delayed in barroom gun incident

EAU CLAIRE — What was scheduled as a plea hearing Monday didn't quite pan out as anticipated, but that doesn't seem to have altered the eventual outcome.

Berent Sandvig, 35, was charged last December in a case originating in a bar. The charges include second degree recklessly endangering public safety, pointing a firearm at another person, carrying a handgun where alcohol is sold or consumed, and possession of a firearm while intoxicated. He also faces charges of OWI-3, operating a motor vehicle with a prohibited alcohol content and possession of cocaine.

Plea agreements are fairly common, but court records suggest this might be a particular sort of plea. Sandvig's attorney told the court he "has met with the DAGP Coordinator and signed the necessary paperwork." That suggests a deferred acceptance of a guilty plea.

In that sort of agreement the court holds off on accepting a plea of guilty on one or more counts. The defendant can avoid prison time if they keep the terms of that deferral for a specific length of time.

Sandvig's attorney said a family member had a medical emergency Sunday night and sought a brief delay as a result. The court scheduled the next hearing for Dec. 2.

According to the criminal complaint, officers were called after a report of a man pointing a gun at another patron at the Alibi Lounge. The man said Sandvig had pointed the gun at him and said "If I gotta use it, I'll use it."

The act doesn't seem to have been one of aggression, though. The man described it as "non-confrontational" and said Sandvig left shortly afterwards. Police spotted Sandvig and stopped him in Altoona after being given a direction he was traveling.

Prior OWI convictions meant Sandvig had a lower alcohol limit, and he told the arresting officer he was probably beyond it. A breath test showed he was well over even the regular limit with a level of .183.

Sandvig told the officer the gun never had a round chambered at the bar. A different officer found the gun, a .380 Sig Sauer, in the vehicle. It was unloaded, with the magazine detached.

Only the charge of reckless endangerment is a felony. It is only a Class G charge and carries up to five years in prison with five years' extended supervision, and fines of up to $25,000. The other firearms charges are Class A misdemeanors, but the OWI, PAC and cocaine charges are Class U misdemeanors.