Man who shot roommate with BB gun during fight over cigarette gets probation
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BLACKFOOT — A man who admitted to shooting his roommate with a BB gun during a fight over a cigarette was placed on probation earlier this month.
Juan Cruz Chavez, 20, was sentenced to four years of felony probation after he pleaded guilty to misdemeanor battery, felony possession of a controlled substance and a misdemeanor drug paraphernalia charge. As part of a plea agreement prosecutors amended a felony aggravated battery to the misdemeanor and dismissed a felony used of a deadly weapon enhancement.
District Judge Darren B. Simpson, who gave the sentence, suspended a two- to five-year prison sentence and five days in the county jail. He gave Chavez credit for the 175 days he spent behind bars after his arrest.
Blackfoot Police Department reports show officers responded to a scene in October and found the Chavez and his roommate after they had been fighting. When questioned by police, Chavez admitted to physically hitting the victim in the head with the BB gun. The gun then discharged, Chavez told police, striking the victim in the head, according to court documents.
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While investigating, police also observed a wound on the victim’s hand, consistent with a BB gun.
Witnesses told investigators the conflict began when the victim became upset after Chavez asked him for a cigarette. A fight followed and witnesses say they heard the BB gun discharge.
Police arrested Chavez and a search at the jail revealed a glass pipe with burnt residue in his shoe. The pipe tested positive for methamphetamine, according to court documents.
In addition to the sentence Simpson ordered Chavez to pay $2,447,50 in fees and fines.