Joshua J. Henderson, 29, pleaded guilty in November to aggravated assault with a deadly weapon. Defense counsel Ron Bird told Sixth District Judge Stephen S. Dunn that Henderson, a decorated Navy veteran, had no prior felonies and asked for a term of two year's of probation and a withheld judgment. The state offered no objection to Henderson's request.

Henderson's brother then addressed the court, indicating that his sibling's penchant to bring firearms to bear during disagreements was no atypical.

"Any person that can discharge a firearm around an infant - less than 1 foot away - needs some help," the man said. "This has happened before. He just hasn't been caught.

"He's stuck guns in my face before. Any kind of confrontation, he replies with deadly force."

The man recounted his brother threatening the pair's stepfather with a gun in the past, and told Dunn that he was unhappy with the plea agreement terms calling for a withheld judgment.

"It burns my tailfeathers really bad," the man said. "If he gets a gun into his hands ever again, it's going to be fatal."

Dunn attempted to inquire of Henderson about his prior incidents of getting a firearm, but Henderson's attorney counseled the man not to speak to the issues, citing his Fifth Amendment right not to incriminate himself.

Henderson did speak to the charged incident, offering a tearful apology for his conduct.

"I've done everything wrong," the man said.

Dunn told him he was troubled by the incongruity of Henderson's exemplary service record and his use of a weapon in a family argument.

Dunn asked him why he resorted to getting the shotgun and then firing two shots, one into the ground and one near his brother.

"I went and got it," Henderson admitted. "I thought I had to."

"You thought your life was in danger?" Dunn asked.

"I was drunk," Henderson replied. "I was a fool for drinking like I did."

Henderson said he had tried to quit drinking alcohol when his wife became pregnant, but was unable to do so.

"I couldn't do it," he said through tears. "I felt like a weak person. I feel like I've lost more than anything I've lost in my life. It's caused me so much heartache already."

Indicating he was troubled by Henderson's conduct, Dunn sentenced him to two year's of probation and a withheld judgment.

"I do so with some consternation," Dunn said. "You mess up again, this withheld is gone."

Dunn ordered the man to obtain anger management and cognitive self-change counseling. He noted the presentence investigation recommended he have no contact with his brother.

"I'm not going to require that, but I'll leave it to the discretion of your probation officer," Dunn said.