Veteran gets 60-day sentence for firing gun outside west Olympia restaurant

A Belfair man has received a 60-day sentence for threatening someone with a gun outside a west Olympia restaurant.

Anthony Jay Oliviero, 30, appeared Tuesday in Thurston County Superior Court where he pleaded guilty to third-degree assault, felony harassment and unlawful display of a weapon.

Prosecutors recommended a first-time offender waiver for Oliviero, who had no prior convictions. Oliviero is scheduled to begin serving his sentence by March 1. The sentence will be followed by 24 months of probation, during which time he cannot consume alcohol or marijuana.

The sentence was recommended based on Oliviero’s treatment for chemical dependency and post-traumatic stress disorder by the Department of Veterans Affairs. The PTSD is a result of his deployment to the Middle East with the U.S. Army, according to the court.

The charges stem from an incident Sept. 12 outside Emperor’s Palace restaurant on Cooper Point Road. Oliviero had pointed a handgun at a stranger in the parking lot before firing a round in the air. He was later arrested behind a nearby business.

During his arrest, Oliviero told officers that he had been assaulted by two black men and had fired his gun in the air in self-defense. Police reported that Oliviero was intoxicated at the time, according to court documents.

At Tuesday’s hearing, deputy prosecutor Heather Stone noted that the victim supported the recommended sentence. In a statement submitted to the court, the victim said the incident has changed his view of daily life.

“This crime has caused me to be more concerned with my personal safety in everyday activities,” the victim wrote. “I am a concealed weapon permit carrier and after this incident I am now forced to carry a firearm on me at all times.”

Judge Gary Tabor told Oliviero that the story could have played out much differently had the victim been armed at the time of the confrontation.

“If he had, you might not be here today,” Tabor said Monday. He noted that PTSD “may be an explanation for many of the actions, but it’s not an excuse.”

This story was originally published February 16, 2016 at 5:28 PM with the headline "Veteran gets 60-day sentence for firing gun outside west Olympia restaurant."