Judge Dugger Said He Wants To 'Send A Message' To Any Future Attackers
BY KEN LITTLE
Judge John F. Dugger Jr. decided judicial diversion was not an option for a man who fired a handgun into an occupied bedroom last March after stealing a sport utility vehicle and the gun inside it.
Jose Cahlen Reynoso, 19, of 6945 Warrensburg Road, entered guilty pleas to aggravated assault and theft over $10,000 Thursday in Greene County Criminal Court.
Assistant Public Defender Michael Walcher asked Dugger to consider judicial diversion for Reynoso, avoiding any jail time in favor of probation.
Dugger rejected the request and sentenced Reynoso to a prison term of three years and one day on each felony conviction at a 30 percent release eligibility, with the jail terms to run concurrently.
The shooting offense happened early on March 31, 2013. The SUV was reported stolen several hours earlier.
Reynoso fired a .38-caliber pistol into a house in the 1500 block of Hartman Road, sheriff's Detective Sgt. William J. Davis said in a report.
He was targeting a teenager he had a recent disagreement with, Assistant District Attorney General Cecil Mills Jr. said.
"On inspection of the room, I found four bullet holes in the window and recovered two copper jackets and one piece of lead for evidence," the report said.
Dugger told Reynoso that if one of the bullets had struck the man inside the bedroom or anyone else, he could be awaiting sentencing on a first-degree murder charge.
"I want to tell you I do understand the consequences, and I'm very terrified of it," Reynoso told Dugger.
The judge replied that Reynoso may have potential for rehabilitation, but the facts of the case were "so bad" he could not allow judicial diversion.
"When you go and shoot a gun into somebody's bedroom, that is outrageous," Dugger said. "I'm not going to grant you judicial diversion."
The owner of the stolen Toyota SUV and gun was in the courtroom, and told the court she did not favor judicial diversion.
"You didn't care who you hit in there or what happened," Dugger told Reynoso. "I don't know what's going on with you young people who would do something like this."
Dugger said he wanted to "send a message" about violent acts like the one committed by Reynoso.
"Other people need to know that you go to jail for something like that," he said. "You can't go fire a gun into someone's house."
TO BEGIN SENTENCE
Reynoso was free on bond but must begin serving his sentence today.
"I'll give you credit for time served, but what you did is too shocking to the court," Dugger said.
Reynoso was also ordered to pay restitution to the SUV owner.
The teenage victim told sheriff's deputies Reynoso "had started some stuff" with him several weeks prior to the shooting that resulted in a fight, the report said.
The victim told deputies he saw a "truck-type vehicle" headed in the direction of Dulaney Road after the shots were fired.
Minutes later, deputies received a report of a vehicle that rolled over in the 3000 block of Dulaney Road.
Shell casings and a gun holster were recovered from the SUV.
One of the bullets struck a picture frame in the 17-year-old's room, the report said.