34-year-old John Borgman is being held in the Yakima County jail facing a first-degree assault charge for the shooting of Deputy Travis Watkins August 1. Deputy Watkins was shot three times in the incident. He's recovering at home. Deputies were called to the home for a domestic dispute where Borgman and his wife were reportedly in an argument

BRUSIC DECIDED FOR AN ASSAULT CHARGE INSTEAD OF MURDER

Yakima County Prosecutor Joe Brusic says there's good reason as to why he decided to charge Borgman with assault instead of attempted murder and it comes down to a burden of proof.

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BRUSIC SAYS HE'S CONFIDENT IN A CONVICTION ON ASSAULT

Brusic says under an attempted-murder charge prosecutors would have to prove Borgman intended to kill the Deputy Watkins and Brusic says trying to prove what a defendant was thinking is tough to prove in court.

IF CONVICTED OF ASSAULT THE PRISON TIME IS SIMILAR TO BEING CONVICTED OF ATTEMPTED MURDER

It's why Brusic says he decided to charge Borgman with first-degree assault because prosecutors only have to prove he shot the Deputy at the time of the dispute. Brusic also says if convicted of assault on the Deputy,  Borgman would face anywhere from 93 to 123 months in prison. If Borgman would have been charged and convicted of attempted-murder Brusic says he would face 92 to 165 months in prison. Brusic says the difference in prison time isn't worth possibly losing the case if prosecutors couldn't prove an attempted murder charge.

YAKIMA COUNTY SHERIFF BOB UDELL SAYS HE'S OKAY WITH THE ASSAULT CHARGE

When asked about the assault charge as opposed to an attempted murder charge Yakima County Sheriff Bob Udell says "same consequences easier to prove. So I'm okay with that. It does seem odd, but it's the good sure thing."
The investigation into the shooting continues as Deputy Travis Watkins continues to recover at home.

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