- Jose Rodriguez Juarez, 40, was sentenced to jail and probation for aggravated assault.
- He fired a gun during an argument while under the influence of drugs in July.
- His prison and jail terms were suspended in favor of probation.
SPRINGVILLE — A Springville man accused of trying to kill another man during an argument while under the influence of drugs was sentenced this week to jail and probation.
Jose Rodriguez Juarez, 40, was arrested in July after police responded to a loud argument near 100 West and 100 North in Springville where a gunshot was fired at a vehicle.
Rodriguez was charged in 4th District Court with aggravated assault, discharge of a firearm, obstruction of justice and seven counts of possession of a firearm by a restricted person, all third-degree felonies. He was also charged with three misdemeanors of failing to stop at command of an officer, use of a controlled substance and carrying a dangerous weapon while under the influence.
In October, Rodriguez pleaded guilty to only the aggravated assault and use of a weapon while under the influence. The rest of his charges were dismissed as part of a plea agreement.
"I recklessly committed an act that created a substantial risk of bodily injury while using a generic dangerous weapon ... and at the time was under the influence," Rodriguez said in a plea statement.
Rodriguez was sentenced Tuesday by 4th District Judge Shawn Howell to zero to five years in prison for the aggravated assault charge, but the prison term was suspended. For the weapons charge, he was given 180 days in jail, with credit granted for the 135 days he has already served. The jail term, however, was also suspended.
Rodriguez was ordered to serve three years on probation, during which he must complete a cognitive-behavioral course and substance abuse evaluation. He is also restricted from using, consuming or purchasing alcohol and is ordered to have no contact with the victim or the victim's family.
The shooting
A man identified by police as "ERF" was using cocaine and alcohol when he wanted to visit Rodriguez's home on July 27, charges state. ERF had his son drive him to the house, and while outside the home, he got into an argument with his son. Rodriguez and another man came out of the house to calm ERF down, but ERF pushed the man and punched Rodriguez in the chest.
Rodriguez then yelled that he was going to beat up or kill ERF and went into the house before returning with a gun, which he fired at ERF's vehicle, according to the charges.
Police had been called at some point during the argument and arrived in time to hear the gunshot. Police commanded Rodriguez to stop, but he went back into the house, according to the charges.
Police located a bullet hole on ERF's car and a spent casing on the driveway. SWAT was deployed, and after 30 minutes, Rodriguez exited the residence. Seven guns were located in the house along with cannabis gummies, firearm magazines and ammunition, the charges state.
While being arrested, Rodriguez had "red, glossy eyes and slurred speech," and tested positive for cocaine, according to the charges.
