ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Thursday, August 22, 1996 TAG: 9608220018
SECTION: CURRENT PAGE: NRV-2 EDITION: NEW RIVER VALLEY
DATELINE: CHRISTIANSBURG
SOURCE: LISA K. GARCIA STAFF WRITER
A felony charge against a man accused of injuring a 15-year-old boy last summer with shotgun pellets was reduced to a misdemeanor in circuit court Wednesday.
Circuit Judge Ray Grubbs found Jed Michael McCracken, 34, guilty of brandishing a firearm and sentenced him to six months in jail. All of McCracken's jail sentence was suspended for two years, during which time he can not possess any firearms.
Grubbs also ordered McCracken to pay a $250 fine, court costs and $475 to the boy's family.
McCracken, who lives on Thomas Lane off Prices Fork Road in Montgomery County, pleaded not guilty to the charge, but agreed that the state had enough evidence to convict him of the misdemeanor. As part of the plea agreement, a felony charge of unlawful wounding was reduced to brandishing a firearm.
Max Jenkins, McCracken's attorney, said his client agreed to the plea bargain to avoid any risk of a felony conviction. He said the evidence would have shown the boy wrecked his dirt bike that day, which could have caused his injury.
"I believe a jury would have acquitted [McCracken]," Jenkins said. "I really believe the state got a deal."
Commonwealth's Attorney Phil Keith agreed that he did not have enough evidence to convict McCracken of unlawful wounding because the boy's skin was not broken by the shotgun pellets.
The boy was injured Aug. 12, 1995, while riding a dirt bike with three friends near McCracken's house on Thomas Lane. Michael Cook told authorities he was shot in the back by shotgun pellets. He was treated at a hospital and released.
Jenkins said hospital records showed no pellets found in the boy's skin. McCracken told authorities he discharged the shotgun in the air to scare the children after a dispute over trespassing.
LENGTH: Short : 43 linesby CNB