BISBEE — A Cochise County Superior Court judge listened to some testimony Friday afternoon regarding the sentencing of a man charged with shooting his neighbor, but due to limited time on the court’s calendar, the hearing will continue Monday morning.

Ronald D. Koch was charged with two counts of aggravated assault and three counts of endangerment for firing a handgun during a disagreement in Elfrida on Aug. 13, 2007. Joshawa Liest was struck twice, and three other people in the area were endangered.

Koch entered into a plea agreement in May, pleading guilty to attempting to commit an aggravated assault upon Liest using a deadly weapon or dangerous instrument. The remaining counts will be dismissed.

According to the agreement, Koch faces a presumptive prison term of 2 1/2 years. He could be sentenced to as little as one year or as much as 3 3/4 years. Probation of up to four years is available as a sentencing option.

Koch claims Liest had harassed and threatened him for months. He thought Liest was reaching behind his back for a gun to shoot him. He says he shot Liest because he feared for his life, according to the pre-sentence report.

Liest did not attend the hearing on Friday. But he told the Herald/Review in December that he was surprised when Koch shot him. Liest claimed he did not reach for a gun, and he said there was no reason for Koch to shoot.

Koch works as a street performer in Tombstone. A few of his friends testified he is a gentleman and he is well-received in the community. One friend called Koch’s actions on the day of the shooting “an unexplained anomaly.”

Nancy Flowers, Koch’s girlfriend, said they started dating in the spring of 2006. She said at first Koch seemed relaxed, but by the spring of 2007, he had become nervous and worried as a result of the actions of his neighbor — Liest.

Koch was president of an association that maintains the water for his house and some neighbors, including Liest. Flowers testified Liest was behind on his water payments and as a result Koch felt intimidated by him. And, she said, on one occasion at Koch’s home, she heard gunfire on Liest’s property.

Otmar Schwestak, who is one of the victims, testified he had returned home on Aug. 13, 2007, when he saw Liest walk across the yard and start talking to Koch near their property line. Schwestak said he heard two gunshots and Koch yell, “I am going to kill you.” He saw Liest running away and then saw Koch shoot two more times.

Schwestak said he and two of Liest’s children could have been injured or killed if the bullets had hit them. He acknowledged that Liest is a “big guy” and that a smaller person could feel intimidated by him. But, Schwestak said, Koch did not need to shoot Liest.

Koch claims he only fired twice, according to his defense attorney, Joseph DiRoberto. According to the pre-sentence report, when the gun was recovered, the lead detective in the case noted there were two expended shell casings in the cylinder.

As a result of the shooting, Liest suffered a fracture in his left humerus bone. A medical decision was made not to perform surgery to repair the damage or remove the bullet fragments, according to the pre-sentence report.

Friday’s hearing started at 1:30 p.m. and it was still ongoing at about 4 p.m. Another case was scheduled to be heard Friday afternoon, so Judge Wallace Hoggatt decided to continue the Koch hearing until Monday at 9 a.m.

JONATHON SHACAT can be reached at 515-4693 or by e-mail at jonathon.shacat@bisbeereview.net.