Kuna man gets rider for shooting 19-year-old with rifle

BOISE -- A Kuna man who shot another man several times with a .22 rifle during an argument will get another chance to avoid prison, a judge ruled Monday.

Damian Barber, 19, was sentenced to 15 years in prison - the maximum possible penalty for felony aggravated battery. But Judge Deborah Bail elected to retain jurisdiction, sending Barber on a year-long rider instead.

If he successfully completes the rider program, the judge can choose to place him on probation.

MORE: Kuna shooting victim: 'All I could see was puddles of blood'

Barber was arrested in September after shooting 19-year-old Elston Herzog multiple times during an early-morning confrontation at Barber's home on Deer Flat Road.

Herzog told KTVB he went to the house after learning Barber had sent disrespectful text messages to Herzog's sister. He said he was walking toward the house when Barber emerged with a rifle and opened fire.

The victim was struck once in the elbow and twice in the pelvis. He was taken to a Boise hospital, where he underwent surgery.

RELATED: Kuna man pleads guilty to shooting 19-year-old with rifle

Barber was arrested the same morning, and pleaded guilty to aggravated battery Dec. 19.

If Barber's prison sentence is imposed after the period of retained jurisdiction, he will have to spend at least three years behind bars before becoming eligible for parole.

 

Copyright 2017 KTVB


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