Kokomo Tribune; Kokomo, Indiana

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February 8, 2013

Shooting suspect gets 6 years

No injuries were reported in the February shooting.

Kokomo — A man involved in a February 2012 shooting pled guilty this week in Howard Superior Court 2 to a Class C felony criminal recklessness and was sentenced to six years.

No one was injured in the Feb. 17 shooting, which occurred at about 2 a.m. in the 1000 block of West Butler Street.

After accepting the plea, Senior Judge Vanderpool, who sat in for Judge Brant Parry, sentenced Derek Gilbert, 24, to six years with three years in prison, one year of in-home detention and two years of supervised probation.

According Deputy Prosecutor Hans Pate, Gilbert and Zachary VanNess went to the Butler Street residence to confront Curtis Brown, who they said fought with Gilbert’s friend.

VanNess, who has drug and theft charges pending, was not charged in the shooting.

Police said Gilbert was the passenger in a white Chevrolet Blazer, which pulled up in front of the West Butler residence. Witnesses told police Gilbert began firing at the house from his seat in the SUV.

The two men in the SUV drove off, but officers stopped the vehicle at the intersection of Morgan Street and Apperson Way, shortly after the shots were fired.

Police said multiple bullet holes were found inside the Butler Street residence, and one of the intended targets of the shooting also grabbed a gun and returned fire at the SUV.

An attempted murder charge filed against Gilbert was dismissed as part of the plea. Pate said he elected to dismiss the more serious charge due to lack of evidence.

As a condition of probation, Gilbert was ordered to have no contact with the victim, complete and pay drug and alcohol treatment and obtain his GED, according to court records.

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