The Walgreens thief injured after being shot by Fountain police in September 2024 was sentenced to probation Monday.

The case for Brenden Burningham, 32, started on Sept. 14, 2024, when Fountain police officers responded to a robbery at the Walgreens along 7910 Fountain Mesa Road. The man had threatened employees and was armed with a gun and a bomb, according to reports.

While attempting to flee, Burningham was shot by officers, sustaining multiple gunshot wounds before being taken into custody

Burningham faced several felonies, pleading guilty to a single robbery charge, according to court records. He appeared out of custody from Utah for Monday’s hearing after posting bond following his arrest.

Burningham’s mental health, specifically a 2022 schizophrenia diagnosis, took center stage during Monday’s hearing. According to the defense, Burningham was in the middle of a psychotic episode at the time of the robbery and was seeking mental health medication when he passed a threatening note to pharmacy employees.

“He was truly trying to heal in his deluded way,” defense attorney Mark Hanchey said.

The prosecution requested the maximum sentence of six years in prison, citing “great concerns” due to past substance abuse and the “severe nature of the case.” The court also learned that a Fountain police officer was injured during the incident and is still receiving treatment, although the defense countered the injures were not due to force on Burningham’s part.

The defense requested a probation sentence because of the mental health nature of the case. Hanchey told the court that since bonding out of jail, Burningham has made great efforts to seek treatment, and his family has noted significant improvements in his well-being.

Burningham remains in treatment for the gunshot injuries, his attorney said. The defense said a civil lawsuit involving excessive use of force might be in the works.

The Fountain police officers involved in the shooting were placed on administrative leave, and the shooting was ruled justified in April by the 4th Judicial District.

Burningham gave a short statement to the court ahead of Judge Sherri Gryboski handing down her sentence.

“I take full responsibility for my actions, I sincerely regret the fear and trauma I caused and will live with that guilt, shame and embarrassment for the rest of my life,” Burningham said. “I’m deeply sorry.”

Gryboski acknowledged the prosecution’s concerns, but sentenced Burningham to four years intensive supervised probation. She also allowed Burningham to remain home in Utah to continue mental health and substance abuse therapy. Restitution costs, or money owed to victims, will come at a later date.