|
|
|
A Nebraska City man who pelleted his wife with a shotgun blast as she mowed the lawn last summer received a five-year probation sentence Thursday.
District Judge Daniel Bryan sentenced James T. Booth, 47, to probation and ordered his guns returned to the family.
Police were alerted to the incident on June 3 on a report of a man shooting a gun at 1314 13th Corso.
Officers found Booth holding a shotgun outside the residence and tasered him when he refused to put the weapon down.
An investigation revealed that Booth and his wife Rhonda had argued at a local restaurant.
His wife left in the couple's car and started mowing the lawn when she got home.
Booth walked home, yelled something at his wife as he went into the house and came out firing the shotgun.
Although his wife did not seek charges against Booth, police told the court that pellets from a gunshot hit the woman and the mower she was pushing.
Police found blood inside Booth's car after his wife took it to the hospital.
Booth was also sentenced on the assault conviction to 238 days in jail with credit for 238 days already served.
Deputy Otoe County Attorney Tim Noerrlinger asked the judge for a sentence of additional incarceration.
He said the seriousness of the second-degree assault and Booth’s score on a domestic abuse evaluation caused him concern about Booth going back home.
Noerrlinger said it is the policy of the police department and Otoe County Attorney’s Office not to return weapons that are seized as part of an investigation unless there is a court order.
Booth’s lawyer asked Judge Bryan for the release of a shotgun and other weapons to one of Booth’s relatives. Noerrlinger said the guns do not back into Booth’s possession.
“He is a felon and is not allowed to possess a gun,” he said.
Prior to sentencing Booth made an apology to his family.
A Nebraska City man who pelleted his wife with a shotgun blast as she mowed the lawn last summer received a five-year probation sentence Thursday.
District Judge Daniel Bryan sentenced James T. Booth, 47, to probation and ordered his guns returned to the family.
Police were alerted to the incident on June 3 on a report of a man shooting a gun at 1314 13th Corso.
Officers found Booth holding a shotgun outside the residence and tasered him when he refused to put the weapon down.
An investigation revealed that Booth and his wife Rhonda had argued at a local restaurant.
His wife left in the couple's car and started mowing the lawn when she got home.
Booth walked home, yelled something at his wife as he went into the house and came out firing the shotgun.
Although his wife did not seek charges against Booth, police told the court that pellets from a gunshot hit the woman and the mower she was pushing.
Police found blood inside Booth's car after his wife took it to the hospital.
Booth was also sentenced on the assault conviction to 238 days in jail with credit for 238 days already served.
Deputy Otoe County Attorney Tim Noerrlinger asked the judge for a sentence of additional incarceration.
He said the seriousness of the second-degree assault and Booth’s score on a domestic abuse evaluation caused him concern about Booth going back home.
Noerrlinger said it is the policy of the police department and Otoe County Attorney’s Office not to return weapons that are seized as part of an investigation unless there is a court order.
Booth’s lawyer asked Judge Bryan for the release of a shotgun and other weapons to one of Booth’s relatives. Noerrlinger said the guns do not back into Booth’s possession.
“He is a felon and is not allowed to possess a gun,” he said.
Prior to sentencing Booth made an apology to his family.
