News Photo by Reagan Voetberg Edward Fitzgerald is pictured in the 26th Circuit Court on Monday.

ALPENA — Edward Fitzgerald, 34, was sentenced to two years for felony firearm, to be served consecutively to a sentence of 24 months to five years for fleeing and alluding, and 24 months to four years for assault with a dangerous weapon in the 26th Circuit Court in Alpena on Monday.

Fitzgerald also was sentenced to 16 months to two years for police officer assaulting/resisting/obstructing which will be served concurrently with the other sentences.

He pleaded no contest to those charges on Feb. 2, according to MiCourt.

Those charges are related to the officer involved shooting which occurred on the morning of Nov. 27, Thanksgiving day.

Deputies from the Presque Isle County Sheriff’s Department attempted a traffic stop on a pickup truck near Rogers City. The vehicle was driven by Fitzgerald who was known to deputies to be a wanted felon.

Fitzgerald fled the scene and a vehicle pursuit was initiated. The pursuit continued into Alpena County and concluded when Fitzgerald’s vehicle crashed into a ditch on M-65 near Leer Road in Long Rapids Township.

Upon exiting the vehicle, Fitzgerald was observed holding a firearm. Deputies discharged their department issued weapons, striking the suspect. Deputies immediately rendered medical aid on scene. Fitzgerald was transported to the hospital. No deputies were injured during the incident.

Fitzgerald was also sentenced for two other separate incidents. Those sentences will also be served concurrently to the previously mentioned sentences.

For a charge of carrying a concealed weapon he was sentenced to 23 months to five years for an incident that occurred on June 7, according to MiCourt.

For a charge of unlawful driving away he was sentenced to 23 months to five years for an incident that occurred on Nov. 1, according to MiCourt.

For a charge of police officer assaulting/resisting/obstructing Fitzgerald was sentenced to 16 months to two years for an incident that occurred on Nov. 1.

For a charge of carrying a concealed weapon Fitzgerald was sentenced to 23 months to five years for an incident that occurred on Nov. 1.

Attorney Rick Steiger said in Fitzgerald’s defense that he has no prior felony record.

“This is an example of how insidious methamphetamine is,” Steiger said. “He developed an addiction to methamphetamine…He did plead no contest to all or most of the charges in this because he has no recollection whatsoever due to the drug. That doesn’t excuse his behavior, but it does show how insidious this drug actually is.”

“I know Ed (Fitzgerald) has great remorse for what happened,” Steiger said.

Fitzgerald apologized for his actions the day of the shooting.

“I’m sorry for my actions that day,” he said. “I don’t remember because of my methamphetamine use. I’m just extremely sorry.”

He said he respects Presque Isle County Sheriff’s Office Deputy James Leedy and has nothing against him. Leedy was the officer that shot Fitzgerald in self defense and then began life-saving actions on Nov. 27.

Leedy gave a victim impact statement, expressing that he does not see himself through the lens of a more traditional crime victim due to his role as an officer.

“I do not stand before this court in a spirit of vengeance, but in pursuit of justice captured by…mercy,” Leedy said.

He said he swore an oath to his sheriff and his God to uphold the Constitution to the best of his ability, and to not defend himself against Fitzgerald would have been a betrayal of that oath.

“(It) would have been a betrayal of that very oath, my faith, and personal integrity, and I do not regret engaging defendant Fitzgerald in that capacity,” Leedy said.

At the time of the shooting, Leedy’s wife was pregnant with their first child. Fitzgerald also has a child who attends the school where Leedy works as a school resource officer.

“Defendant Fitzgerald may have forfeited his opportunity and obligation to be the father his child deserves but there’s no circumstance in which I would allow his choices to rob me of that same privilege,” Leedy said.

“What granted me some measure of comfort was knowing that I was able to apprehend defendant Fitzgerald and take an active role in ensuring that he is no longer able to victimize his loved ones directly or indirectly,” Leedy said, referring to allegations of domestic violence. Because even if you blame me for the absence of her father, I would make the same decision again.”

While he recommended that Fitzgerald be sentenced at the top end of the sentencing guidelines, Leedy said he does not believe Fitzgerald is beyond redemption.

“It is my belief that defendant Fitzgerald is not beyond redemption, and that given a change in people and circumstances he may realign himself with a noble mission and purpose in life, one that should be love, presence, and guidance for his (child),” Leedy said.

Alpena County Prosecuting Attorney Cynthia Muszynski also requested that Fitzgerald be sentenced at the top of the guidelines.

Judge Ed Black ultimately sentenced Fitzgerald to the top end of the guidelines.

“In this case, the court has to think about punishment but it also has to think about deterrents. And the primary focus for me here is to ensure that people do not pick up loaded firearms and point them in the direction of anyone,” Black said. “To a certain extent I feel sorrow for you…but you can argue until you’re blue in the face. Picking up a firearm and pointing it at somebody just cannot be tolerated.”

ALSO IN COURT

– Violet Crane, 21, was scheduled for sentencing on Monday for a charge of unlawful driving away, but that sentencing was adjourned and moved to 9:30 a.m. on May 4.

– Troy Wardlaw, 56, was scheduled for a status conference. He is charged with one count of possession with intent to deliver 50 to 450 grams of cocaine and one count of weapons felony firearm. No deal has been reached yet and a three day trial was scheduled. Wardlaw will appear on May 4 for a final status conference.

Reagan Voetberg. News Staff Writer. rvoetberg@TheAlpenaNews.com.