Victim was holding infant son
Ted L. Barney Jr., 23, of Warm Springs, was sentenced Monday for the unintentional shooting death of another Warm Springs man on July 26.
U.S. District Court Judge Ancer L. Haggerty sentenced Barney to 18 years in prison for murdering 24-year-old Delmer Davis. Barney pleaded guilty on Oct. 3 to second-degree murder for the death of Davis.
Barney will also serve five years of supervised release when he is released from the Bureau of Prisons.
According to the prosecutor's statements in court, on July 26, on the Warm Springs Indian Reservation, the defendant was a passenger in a car driving in a residential neighborhood.
A man standing in the driveway of a home in the neighborhood threw a rock at defendant's car as it drove by. The rock missed the car, but Barney told the driver to turn around and then stop the car.
Barney got out of the car and approached the man in the driveway, who was about 75 feet away in a long driveway. The man hid behind a vehicle in the driveway as Barney began shooting at him with a 9mm handgun.
Although Barney fired about five shots at the man hiding behind the vehicle in the driveway, he missed his intended target.
However, one of the bullets from defendant's gun went through the back window of the vehicle, and hit Davis in the head. Davis was sitting in the back of the car holding his infant son.
Davis died en route to the hospital as a result of that wound. His infant son suffered no physical injuries.
Barney, who initially may not have realized he hit anybody since the windows of the vehicle were tinted, turned himself in to the Warm Springs Police Department later that day when he learned the police were looking for him.
He provided the murder weapon to the Warm Springs Police, and after Miranda warnings, confessed that he was the shooter and that he was aiming to hit another man in the driveway.
"Prosecuting violent crime in Indian Country is a top priority for my office and I hope this prosecution has brought some closure to the victim's family and the Warm Springs Community," said Amanda Marshall, U.S. attorney for the District of Oregon.
"Mr. Barney needlessly took the life of Delmer Davis because Mr. Barney wanted to settle a dispute with a gun," she said. "This is a tragic and painful loss for the victim's family."
The Warm Springs Police Department and the FBI's office in Bend investigated the case. Assistant U.S. Attorney Craig Gabriel handled the criminal prosecution.