Pleas entered in fight over drinking
June 25, 2013
A 33-year-old Johnson Lane man agreed Monday to plead guilty to assault with a deadly weapon, and forfeit a BB gun he allegedly used to shoot his mother's boyfriend during an argument.
In exchange for Benjamin Joseph Foraker's plea, the district attorney's office agreed to drop a charge of destruction of property after he is sentenced for the felony.
Foraker is to appear in district court on July 8. He is in Douglas County Jail.
As part of the agreement, he agreed to pay restitution.
Eric Mouritsen, 48, whom Foraker allegedly shot, pleaded guilty Monday in East Fork Justice Court to an amended misdemeanor charge of battery in connection with the incident.
He was sentenced to 30 days in jail, suspended for one year, and fined $637.
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 cleaned 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.
Prosecutor Laurie Trotter said Mouritsen had been cooperative in the investigation.