<p>A man who shot his neighbor last year is accused of violating his probation and could now be sent to prison.</p>
<p>Francisco J. Garibay, 56, was arrested in August 2018 after his neighbor, James Nesbit, was shot in the leg and stomach after an argument where Garibay’s time in the service was questioned. Nesbit recovered. Garibay was initially arrested on a charge of attempted murder.</p>
<p>Garibay was charged with and plead guilty to the lesser charge of criminal recklessness and was sentenced to about six years of probation. Now, he could face prison time after his probation officer suspected that he had been drinking in his home. He was arrested on a charge of violating that probation.</p>
<p>During the initial incident, Garibay, who is a veteran and was coping with significant post-traumatic stress disorder, was intoxicated and challenged about his service in the military in the minutes leading up to a shooting at a Whiteland apartment complex, according to a probable cause affidavit.</p>
<p>He told police immediately after the shooting that he was a Marine who was trained to kill, and that he knew he had shot Nesbit, but he wasn’t trying to kill him. At an interview several hours later, he told police that he did not have a clear recollection of what happened and that he is disabled due to his service as a Marine. Investigators confirmed with the U.S. Department of Veterans Affairs that Garibay is in treatment for PTSD, court documents said.</p>
<p>The investigation also showed that Garibay shot into an enclosed porch area where he could not see the victim as he was shooting, then-prosecutor Brad Cooper said at the time charges were filed.</p>
<p>The PTSD, intoxication of both men, no evidence of an ongoing feud between the two, the conversation before the shooting and the victim’s primary concern that Garibay continue treatment for PTSD and not possess firearms were factors that led Cooper to the level 5 felony charge of criminal recklessness, Cooper said at the time of the sentencing.</p>
<p>Now Garibay faces possible prison time if a judge determines that he did violate his probation. On Sept. 4, his probation officer conducted a random home visit and found that he drank alcohol, according to court records.</p>
<p>He was taken to the Johnson County jail, where be blew a 0.118 percent on a portable breath test, according to court documents.</p>
<p>A trial set for Friday will decide whether he has violated his probation. If he has violated his probation, Johnson Circuit Court Judge Andrew Roesener will decide which sentence to impose on him, with options including being returned to probation with the same or more conditions, extend probation up to a year or serve some or all of the original probation in jail, work release or house arrest, Roesener said.</p>
<p>His attorney and the prosecutor’s office can reach an agreement on the sentence too, he said.</p>
