POCATELLO — Todd Vernon Brewer was sentenced Thursday to no less than 40 years in prison for leaving two Pocatello police officers with life-altering injuries when he shot them with an AR-15 rifle during a May 2022 domestic violence call.

Sixth District Judge Javier Gabiola during a sentencing hearing at the Bannock County Courthouse in Pocatello imposed two consecutive 20-year fixed terms each with an additional 10 years indeterminate against Brewer, 48, for shooting the two officers. He also imposed two 10-year fixed terms for Brewer’s assaults of his then-girlfriend and her son, of which he’ll serve at the same time as the fixed 40-year term.

Brewer was convicted in March of two counts of aggravated assault and two counts of aggravated battery on law enforcement officers following a week-long trial.

The sentencing hearing drew a packed courtroom that included Pocatello Mayor Brian Blad, Police Chief Roger Schei and City Council member and state lawmaker Rick Cheatum, who attended to support the prosecution. Numerous Pocatello police officers also attended, including the officer who drove one of the critically wounded cops to the hospital in her patrol car.

Gabiola’s primary considerations in handing down the lengthy prison sentence centered on the protection of society. He said trial testimony indicated Brewer was aware that approaching officers were not in fact the “gangstalkers” he claimed to have been hearing amid a mental health crisis after the son of his then-girlfriend announced he was calling 911.

While he acknowledged Brewer’s mental health, Gabiola said he has encountered others with similar conditions who have not exhibited such behavior. Noting that the community’s safety remains paramount, Gabiola determined incarceration was deemed necessary given the potential consequences if Brewer was not confined in a controlled environment.

“Officer Amos almost died from your actions,” Gabiola told Brewer during sentencing. “You took an AR-15, military rifle, with ammunition that could penetrate vests and opened fire on police officers.”

Following the verdict Blad described the incident during an interview with the Idaho State Journal as a “tragedy all the way around.”

“I appreciate what Judge Gabiola said about not letting this happen in our community,” Blad said. “This sentence shows that we’re going to protect our community. I’m grateful for the verdict and the time and effort everybody’s put into this. It’s a big deal for our department, and for every police officer throughout the state, I believe.”

Of the victims, neither officer Demetrius Amos nor Mackenzie Handel, of whom the latter appeared remotely via Zoom from New York City, made a statement. Amos is still with Pocatello police while Handel works for a law enforcement agency in New York.

Brewer appeared to become emotional upon seeing his mother and stepfather in the courtroom as court marshals escorted him to the defendant’s table. Brewer then sat next to his court-appointed attorney, John Scott Andrew of the Bannock County Public Defender’s Office.

Bannock County Prosecutor Ian Johnson represented the State of Idaho.

Brewer and Officers still bear physical scarsAmos, who was shot multiple times in the face, chest, abdomen and hand during the May 5, 2022 shootout, continues to live with extensive scarring and still has a bullet slug in his body. Parts of his fingers were amputated due to his hand injury.

Officer Mackenzie Handel was shot in the abdomen, with the bullet passing through his body and nicking his liver.

During the March trial, both officers gave emotional testimony about the night that nearly cost them their lives. Amos testified that after being shot, he felt like he was going to die and asked a fellow officer to tell his family he loved them.

“Getting shot is nothing like you see in the movies,” Amos told the Journal in a 2022 interview. “Once my lung was punctured, the only thing I could focus on was the fact that I couldn’t breathe.”

Brewer also sustained injuries, including a gunshot wound to the stomach and one that significantly injured his leg, necessitating skin grafts that left him with a noticeable permanent limp.

Defense cites mental health issues

Andrew argued for a sentence of probation with Brewer receiving credit for the three years and three months he has already been incarcerated, citing his client’s severe mental health struggles.

“What happened that night was not the typical Todd,” Andrew told the court. “Mental health issues of both him and (his girlfriend) spiraled. Todd had not been able to take all the normal medications he had because of money issues. He was paranoid and was drinking to calm himself down.”

The defense maintained that Brewer, who suffers from paranoid schizophrenia, believed he was being targeted by “gangstalkers” and didn’t recognize the responding officers as police.

Brewer said he deeply regrets hurting the officers.

“I did not believe they were officers at the time and thought they were people trying to kill me,” he said. “I think about this every morning because of the pain in my leg.”

Prosecutor rejects mental health defenseJohnson argued that while mental illness played a role, Brewer made conscious choices that led to the shooting.

“Any experience over the past 20 years should have given him insight that this was a terrible idea,” Johnson said, referring to Brewer’s history of managing his mental health condition. “He made choices and his choices made everything worse.”

Johnson noted Brewer had been dealing with his mental health condition for two decades but chose to overmedicate and drink alcohol on the night of the shooting. He also pointed out Brewer “went full tactical” during the confrontation, using both an AR-15 rifle and positioning a shotgun for easy retrieval.

“Putting him on probation and letting him go to treatment quite frankly is the most dangerous thing we could do,” Johnson argued.

Dangerous confrontation started with 911 callThe shooting began when the teenage son of Brewer’s then-girlfriend called 911, fearing that Brewer was going to kill him and his mother during a domestic disturbance at their East Bridger Street home.

When officers arrived, they encountered Brewer armed with an AR-15 rifle mounted with a flashlight. Multiple officers testified during trial that when commanded to drop his weapon, Brewer instead raised the rifle and pointed it at officer Amos, who fired two shots in response.

Brewer then ran to the other side of the house. When officers pursued him around the corner, he unleashed a barrage of bullets that struck both Amos and Handel. The officers’ quick transport to Portneuf Medical Center via police cars, rather than waiting for ambulances, likely saved both of their lives.

Both officers were rushed into emergency surgery. Amos spent six days hospitalized while Handel was released after two days. Hundreds of people gathered at the hospital when the officers were discharged.

Emotional trial and convictionThe March trial was described by Police Chief Schei as one of the most emotional he had ever witnessed. Body camera footage from the shooting had a profound impact on the courtroom, with one juror openly weeping and Amos’s mother and sister becoming visibly emotional while watching the footage.

After 24 hours of deliberation, the jury convicted Brewer on all counts. For prosecutor Johnson, who took office in January 2022, it was his first trial as the county’s top prosecutor.

“The reality is there were witnesses who took the stand and shared one of the most horrific experiences of their lives,” Johnson said after the conviction.

Final sentencing and restitutionIn addition to the 40-year sentence, Judge Gabiola ordered Brewer to pay $4,000 in fines and left restitution requests open for 30 days. The prosecution asked for amounts of $5,000 plus $930 for officer Amos’s personal items that were lost, including clothing and a watch.

The judge also extended no-contact orders for all four victims and ordered DNA samples and fingerprints to be taken from Brewer.

Brewer has 42 days to appeal the sentence. Andrew told the Journal following the hearing that he does intend to file an appeal, of which his belief that a witnessed committed perjury during trial will be a main focus.

Brewer’s mother was emotional in the hallway during a conversation with Andrew to gain clarity of the sentence her son received, expressing sadness that she struggles to understand the jail’s inmate messaging system and can only wait until Brewer calls her.

Brewer will remain at the Bannock County Jail in Pocatello until he is transported to an Idaho Department of correction facility where he will serve the remaining 36 years and 4 months after receiving credit for time he has already been behind bars.

Following the verdict, Schei told the Journal during an interview that this incident was the most difficult he’s had to deal with as a leader in the Gate City community.

“I would agree with what Judge Gbiola said about what Brewer did, it was horrific,” Schei said. “Getting the phone call that two of your officers were shot and one of them might not make it was awful. To see officer Amos, and Handel both in the hospital and with life support hooked up to Amos and the uncertainty is a heavy burden.”

He added. “I believe today that Judge Gabiola’s sentencing will keep our community safe. It will keep anybody that may have encountered (Brewer) in the future, safe.”