A man convicted of aggravated assault in a fight that preceded the shooting of a Provo police officer last summer was sentenced by a 4th District judge to up to five years in prison.

Danny L. Herring, 23, Provo, was convicted by a jury in March of beating Troy Lott in a fight July 6, 1991, at the home of Kevin Ericksen near the Provo Boat Harbor. The fight ended with the shooting of Provo police officer Phil Webber.When Webber and Utah County deputy sheriff Mike Morgan stopped to break up the fight, Ericksen walked to the house and returned with a gun. After ignoring warnings from the officers to drop the gun, Ericksen opened fire. Webber was struck in the hand and neck and was out of work for several months. Morgan was uninjured.

Judge Ray M. Harding said last week that Herring has an alcohol problem, and because no treatment programs are willing to accept him as patient, the only alternative is prison.

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Ericksen pleaded guilty but mentally ill to attempted murder and was sentenced to one to 15 years in prison.

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