Courtesy Photo Joseph Spry is seen in this 2021 photo provided by the Michigan Department of Corrections.

ATLANTA — A Montmorency County man deserved at least 38 months in prison for shooting someone during an argument over an ex-girlfriend, the Michigan Court of Appeals ruled recently.

Joseph Spry claimed a Montmorency County Circuit Court judge wrongly sentenced him to at least three years and two months in prison, when the sentencing guidelines called for a minimum of only 10 to 23 months.

A three-judge panel of the Court of Appeals disagreed, saying the lower court “took into consideration that it not only had to teach defendant that he cannot act in this manner in the future, but it also had to teach other individuals that they cannot act like defendant did in this incident.”

Spry’s attorney, John Roach Jr., declined to comment for this story.

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Joseph Spry Court of Appeals Opinion by Justin Hinkley on Scribd

In September 2020, Spry was staying at his ex-girlfriend’s house when the ex-girlfriend had two men over to look at her leaking roof, according to a history of the case in the appellate court’s opinion. Spry accused one of the men of sleeping with his ex-girlfriend. An argument ensued and Spry pulled out a gun and pointed it at that man.

The victim pushed the gun away and ran to a bedroom to hide. Spry started shooting, striking the victim twice in the leg.

Video of the incident, recorded by another visitor at the home, was played at trial.

A jury convicted Spry of assault with intent to commit great bodily harm less than murder and possession of a firearm during the commission of a felony. The Montmorency County judge sentenced him to 38 months to 10 years.

In his appeal, Spry called that sentence disproportionate to his crime, but the appellate court said the trial court acted appropriately.

The Montmorency County judge “believed that the severity of the offense, particularly the fact that defendant shot at the victim nine times, justified the court’s upward departure from” the sentencing guidelines, the appellate justices wrote.

Spry is currently serving his time at the Baraga Correctional Facility in the Upper Peninsula, where his earliest release date is November 2025 and he could stay until September 2032.