Bay County man gets probation for firing gun at brother over joke over ex-wife’s cooking

BAY Town, MI — A Bangor Township gentleman has obtained a expression of probation for taking pictures at his brother over a joke about an ex-wife’s cooking.

Bay County Circuit Choose Harry P. Gill on Monday, March 14, sentenced 43-yr-old Andrew C. Phelps to three years’ probation, with credit for two times served in jail. Gill held an additional 300 days in jail in abeyance, which means Phelps will only have to serve that time if he violates probation.

Gill additional ordered Phelps to entire material abuse therapy and receive mental health remedy, including counseling and a psychiatric medication overview.

Phelps in January pleaded no contest to one particular count of assault with a unsafe weapon, a four-12 months felony. In exchange, the prosecution dismissed a cost of discharging a firearm in or at a developing, a 10-year felony.

By Phelps pleading no contest as opposed to guilty, he did not confess to getting fully commited a criminal offense. Phelps pleaded as these types of because of to lacking memory of the incident and for causes of civil legal responsibility.

Gill relied on law enforcement reports to enter a conviction on the document.

People experiences, contained in court documents, state Bay County Sheriff’s deputies on the night time of June 25 responded to a domestic violence report involving gunfire in Bangor Township. Dispatchers advised the deputies that a 47-12 months-previous gentleman had run to a house in the 4500 block of Mocasa Court docket and asked the resident there to phone 911 as somebody experienced shot at him.

This guy flagged down deputies as they neared, telling them his young brother, Phelps, had been the a single who shot at him.

The gentleman elaborated that they had been hanging out in Phelps’ garage in the 3300 block of East North Union. The more mature brother manufactured a joke about Phelps’ ex-spouse cooking, he explained.

“They commenced to argue and the up coming factor he understood, Andrew pulled a 9mm handgun from an not known region and fired one shot at him,” a deputy wrote in his report, contained in court docket data files.

The more mature brother explained he was sitting on a barstool about 10 ft from Phelps when the shot was fired. The bullet passed about 6 inches from his head, he estimated, introducing he was concerned for his lifetime and ran outside.

Deputies went to Phelps’ household and utilized a PA technique to call out to him. Phelps sooner or later came out and surrendered. On becoming arrested, Phelps mentioned he wished a attorney.

Phelps was taken to jail, in which he declined to converse with police after being read through his Miranda legal rights. Phelps submitted to a preliminary Breathalyzer exam, which indicated his blood-alcoholic beverages stage was .054, beneath the legal threshold for intoxication of .08, information display.

In Phelps’ garage, deputies identified a bullet gap in a wall, a handgun, and a journal following to it that contains nine total steel jacket rounds. Deputies also identified a person put in and one dwell FMJ spherical on the garage floor, they wrote in their stories.

Phelps is totally free on bond pending sentencing. As a ailment of his plea, Phelps agreed to relinquish ownership legal rights of the gun involved and its associated ammunition.

Read through extra:

Bangor Township guy pleads to capturing at brother over joke of ex-wife’s cooking

Joke above ex-wife’s cooking prospects to gunshot involving Bay County brothers, law enforcement say