Judge approves plea deal of no prison time for Pueblo man who shot his neighbor in 2021

PUEBLO, Colo. (KRDO) -- A Pueblo man who admitted to shooting his neighbor will face no jail time thanks to a plea deal, which was signed off by a county judge.

Pueblo County District Judge Allison Ernst signed off on the plea deal offered by the Pueblo District Attorney's Office to give 69-year-old Gilbert Jimenez ten years probation after he shot his neighbor in the chest with a handgun.

Jimenez is accused of firing one bullet at his neighbor, Roger Richards in February 2021. He was charged with attempted 1st Degree Murder.

On September 30, 2022, Jimenez pleaded guilty to 2nd Degree Assault and agreed to a plea deal for ten years probation in place of a 12-year prison sentence.

When detectives interviewed Jimenez, he told them that he felt threatened by Richards. He accused Richards of coming at him "twice, if not three times." He told detectives he was simply defending himself.

Detectives interviewed Jimenez's grandson during their investigation. His grandson admitted that he saw Jimenez shoot Richards once that morning. The grandson said he saw Jimenez unload his revolver and set the ammunition and the revolver on the table of his home after the shooting.

Friday, after a pre-sentence investigation was conducted, Ernst agreed with both sides that the sentence was just in this case. However, she made two glaring criticisms of the plea deal.

First, the pre-sentence investigation found that Jimenez would "not be a good candidate for supervision." The report found that he was at a low risk to re-offend, but does have some untreated criminogenic needs. The report concluded that he should spend time in prison through the Colorado Department of Corrections.

Secondly, Ernst reprimanded the idea that Jimenez was acting in full self-defense. She alleged that Jimenez walked back into his home to grab his gun after the verbal argument. Then, she says he walked towards Richards' property and fired a single shot at Richards.

Still, Ernst signed off on the plea agreement. Since the beginning of the case, Richards has been vehemently against the agreement.

In response, the victim is now planning to file a complaint with the Colorado Attorney's Regulatory Council against the District Attorney's Office, or file a lawsuit against them.

"I'm upset. You know, what they just did is ridiculous. So now there's a precedent set in the courts that affects the whole country if you walk towards somebody that can shoot you. That precedent was set today in Pueblo through this judge," Richards said.

Richards has been through multiple surgeries since the shooting to repair injuries from his bullet wound. In court on Friday, Judge Ernst told Richards, "It's amazing that you are alive."

"Now I've got to worry about is he going to shoot me again," Richards questioned. "We already know that he's not stable because even the report said that we suggest that he goes remain in the prison system."

13 Investigates asked 10th Judicial District Attorney Jeff Chostner for an interview regarding this case. He declined. Instead, he issued this written statement:

The prosecution in this matter believed that a plea agreement under this factual circumstance was in the best interest of justice.  Our review of all the evidence and different legal theories of the case, indicated that the most effective way to ensure supervision the defendant was with this agreement.   

The defendant’s lack of criminal record, also demonstrated that such an agreement was appropriate.  This agreement ensures the defendant is under court supervision for a lengthy period of time. 

If he fails to remain within the confines of the law, he will serve an extended period of time in DOC.

10th Judicial District Attorney Jeff Chostner

13 Investigates also reached out to Jimenez's defense attorney Joseph Koncilja for comment when the agreement was signed in September. He stated:

"District Attorney’s make decisions about what cases should or should not go to trial based on a variety of circumstances including the facts viewed both from the victim’s perspective and what may be presented at trial from the defense. In this case we had substantial evidence that the victim aggressively approached my client in a highly agitated frightening manner. In our claim of self defense, we would have argued that based on the victims’ actions it was reasonable for the defendant to take defensive action including the use of a firearm. This would have been supported by the various videos of this matter before and after the assault and the victim’s normal demeanor. In this system everyone makes judgment calls based on all available facts, and plea agreement are reached based on these facts. That is what happened in this matter."

Joseph Koncilja- Defense Attorney for Gilbert Jimenez