COQUILLE — Nicholas Mason, the man who critically injured Lakeside’s mayor after smashing into him with a pickup in September, will spend far less time behind bars than sentencing guidelines recommend for his crime.

He has Lakeside Mayor Orville Nelson to thank for that.

Mason will serve about four months in jail and three years on probation as part of a negotiated plea agreement with Coos County District Attorney R. Paul Frasier. The 27-year-old will be required to undergo drug treatment and classes after serving his sentence.

Mason pleaded guilty to second-degree assault and driving under the influence in November. Second-degree assault is a Measure 11 crime, but provides an exception in which an alternate sentence can be imposed under certain circumstances. Coos County Circuit Court Judge Michael Gillespie ordered the agreed upon sentence on Monday.

Nelson suffered shattered bones in his legs when Mason drove a truck through the parking lot of T’ree Acres gas station and mini-mart off U.S. Highway 101 in Lakeside, striking him. As he recovered, Nelson became the main advocate for the lenient sentence.

Frasier said he met with Nelson on a few occasions while he was recovering and it was Nelson’s wish to see the 27-year-old improve his life rather than sit in prison.

“Mr. Nelson felt that he really wanted to see the defendant get his life in order.” Frasier said.

The 70-month mandatory sentence typically imposed in second-degree assault cases still is a possibility. If Mason violates any stipulations or his probation, he will go to prison.

“He is on a short leash,” Frasier said.

Gillespie made it clear that Mason is benefiting from Nelson’s confidence.

“This would never have happened without him,” Gillespie told the defendant.

The judge added that Nelson himself has taken on some of the burden of Mason’s future decision by recommending the court allow him to serve a shorter sentence.

“It’s just not a mistake,” Gillespie said to Mason. “It’s a choice. I understand that you have a problem, but you don’t have the choice to say ‘one more time, then I’ll quit.’”

Mason was living in Portland at the time of the accident. He had been visiting his parents and was on his way back home on Sept. 6. Traveling north on Highway 101, Frasier said Mason was weaving in and out of the northbound lane as he approached T’ree Acres. Nelson was at the mini mart getting coffee, part of his daily routine. He was getting in his parked pickup to leave as Mason careened at a high speed through the parking area and struck Nelson.

“I frankly don’t think he knew he hit Mr. Nelson at that time.” Frasier said.

The impact ripped off the front passenger wheel on Mason’s truck, but he kept driving, apparently unaware. His vehicle stopped about 100 yards from the crash, when it high-centered. Police arrested him when he failed field sobriety tests. Officers also found heroin in his possession and in his truck, Frasier said.

 Frasier said Mason’s urine and blood samples showed a combination of many drugs, including morphine, codeine, marijuana and some form of inhalant.

Frasier said when he heard about the accident that weekend, he wasn’t sure Nelson would survive. Doctors said if he lived, they might have to amputate one of his legs.

Nelson proved all predictions wrong. He walked into the courtroom Monday with the assistance of a cane.

Mason’s lawyer, Jason Thompson, addressed the court to explain his client’s circumstances at the time of accident. He said Mason has moved to Coos County since the accident to be closer to his family. They will provide a support network for his recovery.

“He was in the middle of trying to kick a heroin habit,” Thompson said. “He was not successful.”

Mason is planning a future with his wife and daughter, Thompson said. He wants to return to working in restaurants once he is ready to get a job.

Nervously, Mason, who was dressed in a bright orange jail jumpsuit with his feet and hands shackled, turned to Nelson in the courtroom.

“I really want to say I’m sorry,” Mason told him quickly. “I wish I could show you how sorry I am. ... I’m thankful for the chance I’ve been given.”

Mason assured Nelson he would stay strong in his recovery and not disappoint him. He said the man he was when he struck Nelson is not the man he wants to be.

“That’s not me,” he said.

He also addressed Nelson’s family and friends.

“I know a lot of people went through a lot and I’m sorry.”

Nelson opted not to formally address the court, but said he appreciated Mason’s words, then added in a broken voice: “I really hope he can turn his life around.”

Mason had no prior criminal record. Frasier and Thompson said the sentence was unusual and probably would have been much harsher if Nelson had not requested leniency.

 “If he follows through, everybody is going to be very happy,” Frasier said. “If he doesn’t, he will serve time.”

The judge ordered Mason to have no contact with Nelson or his family, not to use intoxicants and to surrender his driver’s license for eight years.