Probation, mental health review, but no more jail time for wrench-wielding San Juan man

Charged initially with assault with a deadly weapon, a felony, a 61-year-old San Juan man was credited with having served 33 days of a 365-day "suspended" jail sentence for misdemeanor assault, ordered to undergo a mental health evaluation and to serve two years probation.

A San Juan Island man who tried to hit a neighbor in the head with a crescent wrench and reportedly threatened to kill him in a dispute over firewood was ordered to undergo a mental health evaluation, but won’t serve any more time behind bars under a sentence handed down in San Juan County Superior Court.

On Oct. 3, David Arthur Diffner, 61, pleaded guilty to one count of fourth-degree assault, a gross misdemeanor, and was ordered to pay $500 in fines and fees.

Diffner, who, following his arrest at his Wold Road home in early September, was initially charged with assault with a deadly weapon, a felony, was credited with having served 33 days of a 365-day “suspended” jail sentence. He was ordered to serve two years probation.

According to court documents, Diffner became combative when accused by a neighbor of taking firewood without permission, grabbed a wrench and repeatedly tried to club the man in the head until he fled from Diffner’s shop. The two men have lived in separate residences on the same property over the past two years.

A gross misdemeanor, fourth-degree assault carries maximum penalties of 365 days in jail, a $5,000 fine, or both. Assault in the second-degree, a Class B felony, carries maximum penalties of 10 years in prison, a $20,000 fine, or both.

According to court documents, Diffner, who served 33 days in jail following his arrest while awaiting trial, had no criminal history.

Prosecutors noted that the 61-year-old may suffer from mental illness in recommending that he undergo a mental health evaluation, abide by its recommendations, but serve no more time in jail.

— Scott Rasmussen