Jarred Dubois, the 34-year-old father who received probation last year in connection with the fatal shooting of his young stepdaughter -- but quickly violated probation when authorities found ammunition in his home -- got another break Thursday morning in Fresno County Superior Court.
Judge Jonathan Conklin sentenced Dubois to three years of probation and 500 hours of community service -- instead of three years behind bars that probation officials had sought.
Conklin also sentenced Dubois to 280 days in jail, but Dubois will be released today because of time already served in the Fresno County Jail, said attorney Mark Coleman, who represented Dubois.
In announcing the sentence, Conklin said that probation allows authorities to supervise Dubois for the next three years. If Dubois had been sentenced to prison, he would have likely received the mitigated term of 16 months behind bars and then would have no supervision once he was released, Coleman said.
But Conklin made it clear to Dubois that if he possesses any firearms, knives or ammunition, the court's "patience will expire and you will go to prison."
Dubois was initially sentenced in August 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 6-year-old 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.
Law enforcement officials said Dubois then violated his probation by possessing about seven magazines and 80 rounds of ammunition found in a search of his Clovis home on Sept. 30.
Instead of standing trial, Dubois pleaded no contest on Jan. 20 to a felony ammunition charge and admitted he had violated probation.