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'Fish whacker' case leads to agreement, $5,000 settlement Friday Feb 8, 2002 at 2:00 AM Dec 17, 2010 at 1:01 PM DANI DODGE,Mail Tribune After paying $5,000 to the man he slammed over the head with a club, an assailant's charges were reduced from major felonies to misdemeanors. Wearing a crisp blue Air Force uniform, Brett Alan Claar, 21, pleaded guilty Thursday to the reduced charges of first-degree criminal trespass and fourth-degree assault in the December 2000 attack that occurred in a Medford home. A Jackson County grand jury had indicted Claar - who formerly lived in Grants Pass but now is stationed in Idaho - on charges of second-degree assault, first-degree burglary and menacing. "Your honor, I've learned a very expensive and very valuable lesson here," Claar told Jackson County Circuit Judge Ray White. "I'd be really grateful if I could return to my job and career." Claar had a clean record until his anger got the best of him on Dec. 12, 2000. That day Claar and a buddy saw a former roommate of Claar's, who had stolen some of Claar's compact discs, according to court testimony. Claar went into the man's girlfriend's home on Archer Drive and hit the man on the head and shoulders with a "fish whacker" - a small wooden club used to kill fish. Claar's buddy, Wesley Jack McKellar, 19, of Grants Pass, held a pocketknife to the victim's brother so the brother wouldn't intervene in the beating. The victim, who was 18 at the time, suffered several large bumps on his head as well as a deep red scrape on his scalp. He did not seek medical attention, but did call police. the time police arrived, Claar and McKellar had fled. Claar's attorney, Christopher Mecca, said that Claar never heard from the police and assumed that the victim hadn't contacted authorities. "(At this point) Brett Claar thinks he got the break of his life," Mecca said. Mecca said it was Claar's wake-up call and he reconciled with his family, from whom he'd been estranged, and signed up for the U.S. Air Force. Claar began basic training before the indictment was issued in the middle of July. Claar went to court and was released on his own recognizance, Mecca said. Mecca said that's when negotiations began with the district attorney's office and the victim. Mecca said they wanted a compromise in the case because a felony conviction would have destroyed Claar's military career. This was similar to a civil compromise, but not the same because the charges weren't dropped completely, said Deputy District Attorney John Bondurant. In a civil compromise, the defendant pays money to the victim in a case and the victim signs a statement saying he received satisfaction. Civil compromises are more common in property crime cases, but they do occur in other cases, Bondurant said. "I really wasn't in favor of it, but the offer was made by the attorney and his client - that he'd pay $5,000 and the charges would be reduced," Bondurant said. "The victim wanted it, so I didn't feel like I could say no." Bondurant said reduced charges seemed reasonable. "It seemed like this guy turned his life around and was on the right track," Bondurant said. After Claar pleaded guilty to the reduced charges Thursday, Bondurant asked the judge to sentence Claar to 30 days in jail. Claar's attorney asked for probation, saying a jail sentence could endanger Claar's Air Force career. The judge got letters of recommendation from Air Force officers as well as the principal of Grants Pass High School. Claar's father, mother and wife sat behind him in court. "He's had a big turnaround," Claar's father said. "Very big." White sentenced Claar to 18 months of probation and 80 hours of community service. He got court fines and assessments totaling $565. "Mr. Claar, this is your lucky day," White said. "You've gone from a strong possibility of 70 months in prison to a probation. ... But it sounds like you've done a good job with yourself. "I'm hoping that you really have turned your situation around." At his sentencing, Claar said he was sorry the victim wasn't in court. "I'd like to apologize to him," Claar said. McKellar was charged with burglary and menacing. He pleaded guilty Monday to menacing and was sentenced to 18 months' probation and 40 hours of community service. There was no civil compromise in McKellar's case. Reach reporter Dani Dodge at 776-4471, or e-mail