Jarred Dubois – the 33-year-old father who got a break when a judge sentenced him to probation in connection with the accidental fatal shooting of his 6-year-old stepdaughter – will stand trial on a charge of being a felon in possession of ammunition.
Judge Jon Nick Kapetan made the decision Thursday in Fresno County Superior Court after two law enforcement officials testified that Dubois had violated his probation by possessing about seven magazines and 80 rounds of ammunition found in a search of his Clovis home Sept. 30.
If convicted, Dubois could go to prison for up to four years.
Because the case has been a public headache for Kapetan, he tried to resolve it before the hearing started. He offered Dubois 16 months in jail if he pleaded to the ammunition charge and violation of probation. Dubois rejected the offer, the judge said.
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Kapetan ordered Dubois to return to court Nov. 10 for his arraignment. Until then, Dubois is being held at Fresno County Jail without bail.
On Aug. 8, Kapetan sentenced Dubois to three years probation after he pleaded no contest to a felony charge of criminal storage of a firearm in connection with the May 29 shooting death of Emily Lavender. Fresno police said Dubois left a loaded gun under his bed that his 2-year-old son found and then used to fatally shoot Emily in front of her two sisters.
In announcing the sentence, Kapetan warned Dubois that he could not possess any guns or dangerous weapons, but the judge didn't specifically mention ammunition.
During Thursday's hearing, attorney Mark Coleman, who is defending Dubois, told the judge that his client had recently moved into a new home in Clovis and didn't know the ammunition was in his cluttered garage.
But prosecutor Robert Romanacce said probation officer Sophia Doukas had told Dubois on Sept. 1 that he could not possess ammunition because he had been convicted of a felony. During that meeting, Dubois also told Doukas there may be ammunition in the garage, Romanacce said.
"That's evidence of his knowledge and his disregard for a court order," Romanacce told the judge.