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A Salinas man will have to choose between going to jail or joining the military as his punishment for possession of marijuana.
A judge surprised both the prosecution and defense yesterday when he told Brian Barr that he could avoid a jail term by enlisting in the military.
The 24-year-old Barr was charged with marijuana possession after shooting a would-be robber who had entered his apartment with two others.
Originally posted by Jamuhn
Well, Shadow, I bet you that the robbers came because they knew he sold pot and had money. That's a real shady business they have there, but it was good to see the Judge stick up for him in that respect nevertheless!
Originally posted by alternateheaven
I notice theres no mention of the punishment for the two who were trying to rob Barr. Seems odd to have marijuana a bigger deal than breaking and entering. Of course even without the whole weed bit he would have still be busted, since its basically illegal to defend your home these days.
SALINAS, Calif. (AP) - A judge told a Salinas marijuana peddler who killed a would-be robber that he can avoid a jail term by enlisting in the military - an offer that caught the prosecutor and defense lawyer by surprise.
Brian Barr, 24, was scheduled to be sentenced Tuesday for felony possession of marijuana for sale, a charge he admitted last month.
The charge stemmed from a March 22 robbery at Barr's South Salinas apartment. He shot and killed intruder John Herrera, 34, who had entered the apartment with two others, searching for money and marijuana.
Barr was charged with marijuana possession after investigators determined he had hidden his marijuana supply after the shooting and gone through Herrera's pockets to retrieve marijuana.
Monterey County Judge Robert Moody said Tuesday that Herrera's shooting was justified and that gun possession, not the shooting, was the aggravating factor. After announcing that probation officials had recommended eight months in jail, Moody gave Barr the option of enlistment instead.
"There's an awful lot of good in this young man," said Moody, citing Barr's academic record, civic involvement, and his intervention in a bank robbery last year.
Deputy District Attorney Todd Hornik and defense lawyer Sam Lavorato Jr. said they were caught off-guard by the offer. Hornik said it was rare to let a defendant a choose between jail and the Army, though it was common during the 1960s and 1970s.
Barr is scheduled to return to court next month.