A Cortez man who stabbed another man Halloween night in Durango was given a two-year deferred sentence by District Judge Jeffrey Wilson on Thursday.
If Jimmy Mahan, 38, abides by the terms of his probation over the next two years, the charges against him will be withdrawn and the case dismissed.
Under the agreement, Mahan must undergo a mental health assessment and substance abuse evaluation.
“I don’t usually do this, but you’ve done well,” Wilson said Thursday of Mahan’s behavior since the incident. “I don’t expect you back.”
On Feb. 4, Mahan pleaded guilty to felony menacing in a plea agreement, after stabbing another man at the Durango Downtown Inn on Camino del Rio. The man’s injuries were non-life-threatening.
Durango defense lawyer David Greenberg argued that Mahan used his knife, which he routinely carries, in self defense, and used only the force necessary.
The probation department was concerned with the deal, because of Mahan’s felony criminal history.
Wilson postponed a decision on the plea agreement in May to view video surveillance footage taken from the incident early Nov. 1, 2015.
Deputy District Attorney Reid Stewart said the surveillance could be viewed in support of the defense claim or from the victim’s perspective. He was supportive of Wilson’s ruling.
“I think the evidence submitted supports the agreement and fits the sentence,” he said.
