The El Paso County man initially charged with attempted second-degree murder stemming from a Halloween 2024 assault was sentenced to prison Monday after being acquitted of the most serious offense during trial.

Gary Spicer, 78, was arrested on Oct. 31, 2024, after shooting a gun during an argument in the 200 block of Cunningham Drive of unincorporated Security-Widefield.

The El Paso County Sheriff’s Office said a domestic disturbance the night before led to Spicer getting into a verbal altercation with his son-in-law. The son-in-law’s roommate intervened, and a confrontation between Spicer and the roommate ensued, during which Spicer was believed to have fired a gun.

Spicer’s case went to trial in September, and after four days of evidence and testimony, the jury cleared him of the most serious offense, second-degree attempted murder. He was convicted of two counts of assault and one count of felony menacing.

Spicer appeared in a 4th Judicial District courtroom Monday, where Judge Jill Brady handed down a five-year prison sentence in the Department of Corrections on the assault charges and two years for the menacing charge. Both sentences will run concurrently, or at the same time.

Ahead of sentencing, Brady heard from several of those close to Spicer, including his priest, all asking her to give him a lighter sentence because of his age. Brady additionally read a letter submitted by the victim in the case.

Spicer faced five to 16 years in prison.

Spicer was extremely emotional during his statement to the court, and his defense counsel spoke for him after he was taken out of the courtroom for a short break.

The defense, speaking for Spicer, said he requested leniency and a second chance. Due to his elderly age, Spicer wants to be with his family, with his defense saying he knows “he doesn’t have a lot of time left on this earth.”

Brady spoke only briefly before handing down the sentence, acknowledging his lack of criminal history and age, calling the incident an “irresponsible moment.”

“Ten years would likely be a death sentence, and I don’t think Mr. Spicer deserves to die in jail,” Brady said.