A hearing has been set for 3 p.m. Sept. 5 in Potter County Court on a defense motion to reconsider the state prison sentence for a man convicted of attempted murder.
John “J.T.” Polen IV, 22, entered into an Alford plea in June to one charge of attempted murder in the first degree. An Alford plea means the defendant asserts innocence in the case but accepts punishment.
He was sentenced to 6 ½ to 15 years in state prison for firing one shot at his grandfather, Turner Polen, then 91, causing wounds to the elder man’s right shoulder blade and right cheek.
His attorney, William Hebe, filed a post-sentence motion requesting reconsideration of the sentence, alleging the charge against the younger Polen should have been attempted voluntary manslaughter instead.
According to the motion, “years of acrimonious conduct on the part of Turner Polen” toward J.T. Polen and his parents should have been taken into account when considering a sentence for the younger man.
Court records filed at the time of Polen’s arrest stated that at 1:14 p.m. June 15, his mother called 9-1-1 and reported that her son shot Turner Polen.
J.T. Polen’s parents related to police that Turner Polen drove past their residence at 221 Corcoran Road, parked along the road and got out of his car. J.T. Polen retrieved a gun from the hutch in the kitchen and stepped outside through the front door, and he could be heard yelling, “What are you doing here” several times before the sound of a gunshot could be heard, the criminal complaint stated.
According to the complaint, J.T. Polen told police that he said to Turner Polen not to come near him and asked three times what the older man was doing there as he pointed the gun at him and turned off the safety.
When Turner Polen reached across his body, J.T. Polen pulled the trigger, firing one shot, court records alleged. After the older man fell, J.T. Polen went back to the residence. There were no weapons recovered from Turner Polen, the records stated.
In the motion, Hebe wrote that in retrospect, J.T. Polen regrets having fired the shot, but said he believed that both he and his mother were in danger from the older man.
He also indicated that he had intended to present witnesses for the defense at the time of sentencing to describe Turner Polen’s conduct toward the family, including making threats that people were “going to be dead,” the motion stated.
“Those witnesses would have described the fear that existed within (J.T. Polen’s) household to the extent that a loaded gun was maintained on a hutch in the kitchen area just for the purposes of defense in view of Turner Polen’s threatening conduct,” the motion stated.
As of Tuesday, no response to the motion had been filed by District Attorney Andy Watson.
