No charge has been filed yet in a shooting in a Whiteland apartment complex, but 21 guns were seized from one of the residents.
Last month, police arrested Francisco J. Garibay, 55, of Whiteland, on a charge of attempted murder. Police have said Garibay shot a neighbor in the Willow Pointe Apartments, off Front Street, after a scuffle.
At the time, police said both men had been with a group of people watching football inside the apartment complex and drinking alcohol. Garibay and the other man had gotten into a scuffle, and Garibay went back to his apartment, got his gun, came outside and shot at the other man, with four to six shots being fired.
Garibay has not yet been charged in the shooting, which is still under investigation, Johnson County Prosecutor Brad Cooper said.
The victim in the shooting, who had to undergo surgery, recently regained consciousness and investigators were able to interview him, Cooper said.
He has told police he does not fear Garibay, Cooper said. The next step will be to speak with the victim and find out what he would like to see happen with this case, Cooper said. Investigators have also been speaking with Garibay and his attorney, Cooper said.
Cooper declined to say what charges he would consider since the case remains under investigation.
Prosecutors did seek and a court allowed them to seize Garibay’s guns, listing him as a danger to himself or others, Cooper said.
In total, the court order seizes 21 guns, including pistols, shotguns and rifles, ammunition and explosives, according to the court order.
The option has existed for years, and requires a judge’s approval, after showing evidence that the owner of the guns is a danger to himself or herself or others, Cooper said.
That order was issued by Johnson Superior Court No. 1 Judge Kevin Barton last month. An order stays in effect for up to six months, Cooper said.
At that time, prosecutors must again prove the person is a danger in order for the court to keep the order in effect, or the weapons will be returned, he said.
Prosecutors will decide whether to make the request to keep the guns longer, Cooper said.
