http://www.omaha.com/article/20110721/NEWS97/707219923#no-gun-charge-in-shot-to-groinPublished Thursday July 21, 2011
No gun charge in shot to groinBy Todd Cooper
WORLD-HERALD STAFF WRITER
Prosecutors have dropped a gun charge against an Omaha man in connection with allegations that he shot himself in the testicle.
In return for the dismissal, Brandon D. Boyce pleaded guilty to possession of crack cocaine — and prosecutors agreed that he should be sentenced to one year in prison.
Boyce, 25, had faced a much more severe sentence on the dismissed charge of being a felon in possession of a weapon: three to 50 years in prison.
However, Douglas County District Judge Patrick Mullen had a two-word phrase Wednesday for the prosecution of a man shot in the testicle: "Enough's enough."
"It was a self-inflicted wound and a serious wound at that," Mullen said at Boyce's sentencing. "I think justice was done on that charge."
Deputy Douglas County Attorney Michael Jensen said he believed he had a strong argument that Boyce had a gun. However, Jensen said, he was worried about proving a couple of unknowns, including the location of the alleged crime.
It wasn't the first time Boyce suffered a gunshot wound.
Boyce was shot in January 2009 as he stood outside while two men were trying to rob Midwest Grillz & Jewelry, near 62nd Street and Ames Avenue.
The shop owner shot and killed the two robbers; Boyce was struck by gunfire.
Jensen said he was disappointed not to secure a gun conviction against Boyce.
But, he said, the drug charge "gave us a guaranteed conviction."
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