Almost exactly a year after pulling a pistol out of her purse and shooting her husband put him in the hospital, Carrie McAlister, a 31-year-old mother of three, was sentenced last week to a year in prison and six months probation.

With Jared McAlister's family on one side of Jackson's packed superior court, and the defendant's family and friends on the other, visiting Judge John T. Ball said a plea bargain had been agreed to by both parties. Chief Assistant District Attorney Melinda Aiello asked that Jared McAlister and family members be allowed to address the court before the final decision. What followed called into question just who was the victim in this case.

The defendant, attractive in a dark suit with her brown hair pulled up in a comb, sat calmly next to her attorney, while her estranged husband, Jared, 28, well dressed and apparently recovered, had a victim's advocate read his letter to the court.

A member of the teamsters union, Jared has been out of work for a year, recovering from a collapsed lung, the letter said. He wanted compensation for his resulting debts, and for the suffering of his daughter Jada and his two step-children. He accused Carrie and her parents of a "premeditated attempt to take my life to keep me from getting custody, but she didn't count on me being alive to tell it."

Jared's father, Craig McAlister, called the plea bargain "a mockery of justice" and accused the Amador County District Attorney's Office of "wanting to save the expense of a trial." Jared's mother asked for stricter sentencing, saying the defendant and her family had shown no remorse for the shooting. His aunt asked that the defendant be kept in jail "at least l5 years to allow her child to grow up in safety."

Carrie McAlister's attorney, Kresta Daly, countered by calling an expert witness to the stand, a Sacramento therapist specializing in domestic violence. Days after the shooting, Dr. Linda Barnard had been asked to evaluate Carrie McAlister's claims of mental, physical and emotional abuse by her husband, and found them valid. When Aiello questioned why Carrie had not previously reported the abuse to the police, Barnard said that was not unusual for victims of spousal abuse.

"They go through cycles of believing it will stop, and fearing consequences if they report it," she explained. Barnard said several medical reports and photos confirmed that some kind of abuse had occurred. Asked if she believed Carrie's claim on the night of the shooting that her husband had threatened her life, Barnard said, "Yes. She's still afraid of him."

Last spring, after lengthy testimony from both sides, Carrie McAlister pleaded guilty, arguing self defense. At that time, lengthy testimony from parents and friends showed the shooting was the culmination of a stormy three-year marriage that Carrie was taking steps to end. Jared McAlister claimed he had gone to their home on VanDeHei Ranch Road the day of the shooting only to pick up his social security card after learning his bank account had been closed, and to bring his wife a gift, a CD of a favorite singer. His wife claimed he had previously threatened her life and forcibly tried to take away their daughter. After Carrie McAlister's guilty plea, she was referred to the probation office and released on bail.

Two weeks ago, after what might have been a suicide attempt in her Pioneer home, Carrie almost had her bail revoked. Her father, Steve Sullivan, said she was depressed because she missed her daughter and because she feared the coming results of the criminal case against her. At that time, Judge Richmond did not revoke bail, but placed additional conditions on McAlister's bail until the Aug. 29 hearing.

Last Friday morning, Aiello said she understood the concerns of those who wanted a stricter sentence, but "we can only work with what can be proven." In a final impassioned plea, she said, "Jared McAlister goes to his home on his birthday to see his wife, bringing her a gift, and is rewarded with a bullet in the stomach."

Daly fired back.

"The alleged gift of a CD has never been seen or found," she responded. "It doesn't exist. It's a made-up story. The district attorney has not produced one expert to contradict the defense. They did this (plea bargain) because they knew it would be too big a risk to take this frightened woman with three children before a jury. This woman believed she was going to die. She'd been punished, raped and abused. It would be cruel and unusual punishment to put her in a place full of criminals!"

Judge Ball quieted the courtroom. "I understand what everyone is going through. I've seen hundreds of domestic violence cases. I have read all the reports, heard all the recommendations. Each side sees it their way. Only the parties involved know the truth. I sit up here in a black robe and do the best I can. If I didn't think this plea bargain was appropriate, I wouldn't approve it."

He sentenced Carrie McAlister to 356 days in jail with credit for time served, and six months probation on condition of good conduct. She must abide by the probation department's rules, and not go near Jared McAlister.

While Jared was cautioned not to make a disturbance, Carrie McAlister sat quietly, half smiling through tears. Then she was handcuffed and led out of the courtroom. "She shouldn't even have to serve a year," Daly said. "She doesn't deserve it."