ST. GEORGE — A defendant facing a federal firearms charge was sentenced in federal court in connection with a 2021 case involving a Washington City call that escalated into a standoff and ended several hours later when the defendant was shot by a sniper.
Augustus James Cole, 34, appeared Wednesday for a sentencing hearing in federal court in St. George after pleading guilty to one federal felony count of felon in possession of a firearm on Dec. 21, 2021.
The case stems from an incident reported at an apartment complex on the afternoon of March 16, 2021, in Washington City where officers were dispatched to a report of a suspect in a silver car who was driving recklessly and pointing a gun at several residents.
But when officers attempted to stop the car, the suspect fled and drove into oncoming traffic at a high rate of speed, according to a press release issued by the Washington County Critical Incident Task Force shortly after the incident took place.
Shortly thereafter, Cole reportedly got out of the car and barricaded himself in his second-story apartment overlooking Telegraph Road, armed with a Stevens 12-gauge shotgun and a Taurus P-25 handgun.
Tactical officers were called in to assist. And after more than seven hours of negotiations, a SWAT sniper saw Cole pointing a gun in the direction of the officers from a window and shot the suspect in the abdomen. Cole then surrendered and was treated for his injury before being booked into jail.
He was charged with 11 felony offenses in connection with the incident, including six counts of aggravated assault, failure to stop or respond at command of police, possession of a controlled substance, two counts of possession of a dangerous weapon by a restricted person and violation of a protective order.
The following month, Cole was indicted on the felony in possession of a firearm charge, according to the indictment filed in U.S. District Court on April 14, 2021, and the state case filed in 5th District Court was dismissed.
During the hearing, District Judge Ted Stewart went over the presentence report that outlined sentencing guidelines and recommended a prison term range of 92-115 months, a recommendation that was argued by both sides during the hearing.
Cole was represented by defense attorney Douglas Terry, who addressed the court by saying the man he has come to know over the course of several months as a client is very different from the suspect described in the incident last spring, which Terry said was a difficult situation to describe in words. Terry also said his client is now clean and sober, which was not the case when the incident took place, and Terry added that while drugs were not to blame for the incident, they were a mitigating factor that day.
Terry also said his client was very grateful that no one else was injured during the incident, and since the defendant’s arrest, Terry said, Cole has worked hard while in custody to better himself. Terry then asked the court to deviate from the sentencing recommendations by ordering his client to serve 60 months in federal prison instead, with credit for time served – which Terry said was appropriate and would meet the ends of justice.
Assistant U.S. Attorney Stephen Dent represented the government during the hearing and said the sentence of 115 months would be sufficient without being harsher than necessary to comply with the 3553-A factors; this refers to a section of the U.S. Code that outlines the objectives behind federal sentencing practices, which is first to ensure it reflects the seriousness of the crime and promotes respect for the law. It should also serve as an adequate deterrent to criminal conduct and protect the public from any further criminal activity by the defendant.
Dent described the March 2021 incident as it unfolded at the apartment complex in Washington City, saying the defendant’s actions endangered both civilians and the many law enforcement officers who worked diligently to protect the residents.
It wasn’t until the defendant aimed his weapon at the tactical officers positioned near the SWAT vehicle that the sniper fired, Dent said. The shot struck Cole in his midsection, a wound the prosecutor said he hoped the defendant was recovering from. He also said when officers entered the apartment they found the two guns, ammunition and methamphetamine.
The prosecutor continued by going over the defendant’s criminal history, which is extensive, he said, and revealed a pattern of dangerous criminal conduct that has gone undeterred. He reiterated that Cole pointed a gun at civilians and law enforcement officers “for no reason,” and thankfully, the prosecutor said, the standoff ended without any further injuries.
Stewart started by saying he too had difficulty in describing the suspect’s conduct in a single word for what the judge described as a series of extraordinary events, adding Cole is 34 years old with an extensive criminal history involving assault, drug possession, theft and other charges and convictions, as well as a history of not complying with law enforcement, as well as with probation and parole.
To his credit, Stewart said, Cole has maintained positive relationships with his family. Even so, the judge said, the defendant also suffers from a substance abuse addiction and other related issues, adding it was the goal of the court to impose a sentence that would deter the defendant and protect the public but also provide him with the necessary treatment.
The judge then sentenced Cole to be placed in the custody of the Federal Bureau of Prisons for 92 months and upon his release, he would be placed on supervised parole for three years. The judge also recommended that Cole be placed in the Federal Correctional Institution Phoenix, in Arizona, a facility that offers the Residential Drug Abuse Treatment (RDAP) program, which was a program Terry said his client wanted to participate in while he serves his sentence.
The defendant was remanded to the custody of the U.S. Marshals Office until a federal prison facility is designated and he begins serving out his sentence.
This report is based on statements from court records, police or other responders and may not contain the full scope of findings. Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.
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