AUGUSTA — A Clinton man who shot his girlfriend in the neck at close range, which authorities said easily could have killed her, was sentenced to seven years in prison Wednesday.

Andrew L. Fertig, 70, was initially charged with attempted murder, a charge that was dismissed when he pleaded guilty instead to felony-level charges of domestic violence elevated aggravated assault and domestic violence reckless conduct in May.

At the Capital Judicial Center, Superior Court Justice Daniel Mitchell sentenced Fertig on Wednesday to 10 years in prison on those charges, with all but seven years suspended, and six years of probation. That means if Fertig complies with the conditions of his probation, he’ll serve seven years. If he doesn’t, he could serve up to 10 years.

Mitchell and a state prosecutor said it was incredibly lucky the woman, then 74, didn’t die after being shot from just a few feet away by a heavily intoxicated Fertig following a dispute.

Assistant District Attorney Amanda Seekins said Fertig shot the woman nearly point blank, the bullet hitting her lower neck and exiting out her back, coming within inches of her spine and her heart. She said police responded to the case expecting it to be a homicide. However the victim, Fertig’s intimate partner, survived the shooting and was out of the hospital in about a week. She is not expected to suffer long-term consequences to her health due to the shooting.

“It is just by the grace of God the victim survived,” Mitchell said. “That was lucky for him, and lucky for her. It doesn’t get much more serious than that, in the way you committed this offense. The victim had a good recovery, for someone that got shot in the neck and almost died. But she got shot in the neck, and almost died, and that is serious.”

John Pelletier, Fertig’s lawyer, said Fertig was extremely drunk during the incident, with a blood alcohol content of .29%. Fertig is incredibly remorseful, and immediately called 911 to report what had happened out of concern for his girlfriend’s well-being, he said, and immediately took responsibility for what he did.

Fertig, limping and using a cane due to extensive health problems, again took responsibility in court, saying he was embarrassed and extremely sorry.

“I had no idea I was capable of that, never in my wildest dreams, is that who I am,” Fertig said. “But I’ve always taken responsibility for my actions my whole life, and this is no different. I just can’t believe this happened. It’s very concerning to me. I wish I could turn back time, but I can’t.”

The woman, interviewed in the hospital by Clinton police Chief Rusty Bell following the shooting, said that on Oct. 19, 2024, Fertig was really drunk and telling her to get out of the house they shared on Hill Road in Clinton. She told him it was her home and she had established residency and refused to leave, saying he’d have to go to court and have her evicted.

She told police Fertig didn’t like that. He went into his bedroom, came back out and said something like there were other ways to get her out of the house. The woman said he extended his arm, she told him to go ahead, and he shot her with a gun she had not seen.

She said she thought he was trying to shoot over her and into the couch to intimidate her, but missed and shot her. She said when he pulled the trigger of the gun it felt like an explosion and when she opened her eyes, “Andrew was standing over her saying, ‘I am going to jail.’”

Fertig told authorities he was drunk at the time of the shooting and had made the biggest mistake of his life. He knew he was going to have to go to jail, and knew what he was doing when he pulled the trigger. He said he didn’t want the woman to die and knew he’d made a mistake, an affidavit stated.

Pelletier said while the shooting could have killed or permanently injured her, it did not. She was released from the hospital within a week and has recovered from her injuries. He noted the court must sentence based on the crime committed and what happened, not what could have happened.

Pelletier also said Fertig suffered from physical and sexual abuse by the headmaster of a private school he attended while he was a child, and has battled alcoholism for much of his life.

Fertig’s sister, Cindy Koplowitz, testified via Zoom that her brother is one of the most caring, giving, and generous people there is. She said he took wonderful care of their parents when each of them was dying.

“He’s always been there for me whenever I needed him,” she said. “He’s a great uncle, I have girls and he is great to them. He’s a very caring person. This was an aberration. I think this was all fueled by his alcoholism.”

The victim did not attend Wednesday’s court hearing.