Victoria has prior felony convictions that prohibit him from possessing a firearm. He initially denied having a gun in an interview with the Springfield News-Sun from his hospital bed, but pleaded guilty to one count of being a felon in possession of a firearm in U.S. District Court last July.
He is scheduled to be sentenced Feb. 8.
Doolin and Deputy Nicholas Anderson were cleared of any wrongdoing in the case by both the Ohio Bureau of Criminal Investigations and a Clark County grand jury.
Although he admits he had a gun when prohibited, Victoria maintains that he doesn’t remember pointing it at Doolin.
“Terrence Victoria admits that he possessed a firearm that night but he objects to the factual description … ‘brandished a gun and pointed it at the deputy,’ or that he pointed the firearm at any other person,” the public defenders wrote in a sentencing memorandum.
They point out that Victoria was not charged with any threat or attack on the deputies and did not admit to that conduct in his plea deal.
His defense is arguing that Victoria’s pain and suffering from his gunshot injuries, his remorse for his actions, and elements of his background should be taken into consideration in imposing a lesser sentence than federal guidelines recommend.
He was shot once in the neck and once in the cheek. He suffered fractures of his jaw and spine, as well as injuries to arteries and nerves that have led to a loss of mobility on his left side.
“It is Victoria’s hope that this brush with death will be the ultimate wake-up call and that he will be able to break the cycle of bad choices and prison that has dominated too much of his short life to date,” his lawyers wrote. “Mr. Victoria is the father of four young children, and more than anything he has expressed his desire to continue being a father to his children.”
His lawyers also noted that Victoria nearly died in 2010 after being stabbed by his adopted brother and has suffered from PTSD. “The fear of being physically attacked contributed significantly to Victoria possessing the firearm in this case,” his defense said.
The maximum sentence for the charge is 10 years and prosecutors have requested Victoria serve nine, according to court documents. They’d like him to serve that sentence consecutive to a three-and-a-half-year sentence he’s currently serving for a Clark County drug conviction.
He was out of jail on bond while awaiting an April trial in that case when he was shot.
Victoria told investigators that he was at the bar that night celebrating, because he planned to plead guilty and knew he was going to prison, Sheriff Gene Kelly said.
“This individual has a history of violence and drug trafficking,” Kelly said. “The whole call started because a had a gun, in the bathroom, threatening another patron.”
The fact that Victoria does not remember the shooting does not mitigate the fact that he pointed a gun at a deputy, he said.
“Victoria’s behavior that day demonstrated a profound disregard for the law,” the prosecution wrote in its sentencing memo. “Given his lengthy criminal history and the serious nature of his past convictions, previous punishments imposed on Victoria do not appear to have deterred him from engaging in criminal behavior. In fact, a review of his criminal history tends to show that his crimes have escalated in severity.”
Victoria is being held in the Butler County Jail until the conclusion of his federal trial.
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