No witnesses to the shootout could put a gun in Calhoun's hands - not even the victim.
Judge Gregory M. Snyder dismissed charges of prohibited possession of a firearm and possessing a firearm without a license.
York man gets prison time for shooting despite no witnesses seeing him with gun
The latest: Todd V. Calhoun was sentenced last week in York County court to 5¤½ to 11 years in state prison for the July 26, 2009, shooting of Shawn Bailey.
A jury convicted Calhoun, 25, of the 300 block of East Cottage Place, in August of aggravated assault and reckless endangerment. However, Judge Gregory M. Snyder dismissed charges of prohibited possession of a firearm and possessing a firearm without a license.
The background: No witnesses to the shootout could put a gun in Calhoun's hands - not even the victim.
According to testimony during the August trial, Calhoun called Bailey out in the 300 block of Smyser Street, where Bailey lived. Bailey, 25, already was on the
street. Bailey testified he had a .40-caliber handgun tucked in the back of his waistband when he went to confront Calhoun.
Bailey said the first shot in his direction came from his right, not where Calhoun was standing. He said he had spotted two other men behind Calhoun on opposite sides of the street. He said he shot back, first at the two men behind Calhoun.
Bailey said Calhoun then ran down the street away from him.
Bailey was wounded in the shoulder, leg and groin. He testified he remains on blood thinners because of blood clots.
Two other defendants pleaded guilty to lesser charges related to the shooting in July.
At trial, Calhoun showed exasperation when the jury then convicted him of the felony assault charge.
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