Johnson Lane man receives probation in BB shooting
September 16, 2013
A 34-year-old Johnson Lane man who shot his mother's boyfriend in the shoulder with a BB gun was sentenced Monday to five years probation and ordered to follow treatment for mental health and substance abuse.
District Judge Michael Gibbons sentenced Benjamin Joseph Foraker to 30 months in Nevada state prison, suspended, and ordered him to complete 120 hours of community service.
He gave Foraker credit for 33 days in Douglas County Jail.
Foraker is subject to search and seizure for alcohol and controlled substances, and was ordered to take any medication as prescribed by his doctors.
He is permanently disabled and suffers from a bipolar disorder.
The victim, Eric Mouritsen, 48, testified Monday that he provoked Foraker when he struck him with a 2×4-inch board, and asked the judge for leniency.
"I think there should be probation, and no more jail time with some mandated rehab," Mouritsen said.
The victim said he had a relationship with Foraker and with his mother.
He said Foraker was welcome in his home.
"I never thought this would go the direction it did," Mouritsen said. "It got out of hand after I struck him. When he's sober, he's a great guy. When he's intoxicated, it's a different thing. It would be detrimental to the whole family if he went to prison."
Attorney Kris Brown said her client was attending daily 12-step meetings and counseling once a week.
"I am extremely remorseful," Foraker said. "I apologize. I wasn't aware how powerful the BB gun was. I feel horrible."
Mouritsen said he and Foraker's mother arrived home June 14 from a camping trip and found Foraker intoxicated in the garage.
He said they had been trying to get him sobered up so he could live on his own.
He said Foraker was belligerent with his mother, and they found a half-gallon bottle of vodka in the garage.
Mouritsen said Foraker was "flipping me off."
He said he smacked Foraker with a 2×4-inch board in the shin, and "it didn't even phase him."
After that, he said Foraker shot him five times with a BB gun in the shoulder, and broke several windows in Mouritsen's truck and his mother's residence before deputies arrived.
A second man suffered a BB gun shot to the finger.
Mouritsen pleaded guilty to a misdemeanor charge of battery in connection with the incident.
He was sentenced to 30 days in jail, suspended for one year, and fined $637.