Son admits pointing loaded gun at sheriff’s captain
November 29, 2011
The 26-year-old son of a Douglas County sheriff’s captain admitted Tuesday that he pointed a loaded gun at his father who was intervening in a child custody dispute, but had no intention of shooting the weapon.
Matthew Aymami pleaded guilty to attempted assault with a deadly weapon. In exchange for the plea, a charge of child abuse or neglect with use of a deadly weapon was dropped.
Aymami initially pleaded not guilty to the charges and was set for trial April 9.
The charge states that on July 12, Aymami pointed a loaded Kimber .45-caliber handgun at his father, David, and refused one or more requests to put the gun down.
No one was injured in the incident.
Aymami faces up to five years in prison, but he is eligible for probation. Both sides are free to argue at sentencing set for Jan. 31.
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The defendant said he was served with a restraining order by his wife on July 12, and saw the man with whom he alleged she was having an affair.
Aymami said he didn’t approve of the man and feared for his then 2-year-old son’s safety.
“I felt I had to protect my son. I took my son and put him in the room with myself. When my dad got there, I took my gun and pointed it at my dad. I had no intent to shoot. I just wanted everyone to leave me and my son alone,” Aymami said.
The incident took place at David Aymami’s home which he shares with Matthew.
According to reports, armed officers entered the room with loaded and drawn weapons.
Matthew Aymami struggled against his father and the officers as they attempted to disarm him while holding the child to his body and refusing to release him when the officers tried to move the 2-year-old to safety.
Aymami is out of custody and forbidden to see the child or ex-wife who obtained a restraining order.
His lawyer, Tod Young, said the couple was in divorce proceedings. District Judge Dave Gamble consented to allowing Aymami visits with his son if they are granted through the divorce.
Gamble refused to allow Aymami to remove an ankle monitor which costs $15 a day.
Young said Aymami was working, but he was in the process of losing his truck.
“This was an emotional event,” Young said. “At the time of sentencing we’ll be presenting a psychological evaluation that this was a one-time event that really did cascade out of control. Fortunately, no one got hurt.”
Young said David Aymami testified at a preliminary hearing that he never feared his son would shoot him.
He said his client has been in weekly mental health counseling since he was released from custody.
Prosecutor Erik Levin requested a decision about the ankle monitor be made after the court has all the psychological evaluations.