Shooter gets 70 months

Shots were fired during a 'meth bender'

A Trail man will spend almost six years in prison for shooting into a vehicle and wounding two Shady Cove brothers during an argument amid a "meth bender" in February.

Seth Abram Gilbert, 36, was sentenced Monday to the mandatory minimum of 70 months in prison after pleading guilty in Jackson County Circuit Court to two counts of second-degree assault.

As part of a plea agreement with prosecutors, seven other felony charges — including one count of attempted murder — were dropped.

Defense attorney Michael Bertholf said Gilbert was in the midst of a "meth bender" when he got into an argument with brothers Padyn and Thomas Dineen early on the morning of Feb. 11 in Trail.

Authorities said Gilbert fired a single shot from a rifle into the Dineens' car. The bullet fragmented, striking one brother in the ear and the other in the leg. Which brother suffered what injury was unavailable.

The brothers were treated at Providence Medford Medical Center, which reported the injuries to police.

Gilbert fled the scene but was captured later that morning in Trail, authorities said.

During Gilbert's sentencing, Bertholf said he hoped Gilbert would take advantage of drug treatment programs during his incarceration.

"It won't reduce his sentence, but it will make it a little better when he gets out," Bertholf said.

Prosecutor David Hoppe said the plea was to the 70-month minimum required for a second-degree assault conviction under state sentencing guidelines.

"I think it's a good resolution to the matter," Hoppe said.

Appearing via a video feed from the Jackson County Jail, Gilbert apologized to Jackson County Circuit Judge Tim Barnack before Barnack sentenced him.

Barnack ordered Gilbert to spend three years on parole once his prison sentence is completed. Barnack also gave prosecutors three months to calculate financial restitution to the victims.

Gilbert has a criminal history in Oregon that includes drunken driving and felony assault convictions but nothing that included a prison sentence.

Reach reporter Mark Freeman at 541-776-4470, or email at

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