Topeka A panel of the Kansas Court of Appeals has overturned the sentence of a Lawrence man who was accused in 2011 of pointing an air rifle at two people and threatening to shoot them.
The judges said that the Ruger Airhawk pellet rifle that Timothy Craddick wielded was not a firearm as defined by state law because it shoots bullets by air or gas instead of an explosion or combustion.
Douglas County District Court Judge Sally Pokorny had found that Craddick had committed the crime with a firearm, which meant a presumptive prison sentence.
Craddick was sentenced to 11 months in prison on one count of attempted aggravated assault and six months on another count of attempted aggravated assault. The sentences were to run concurrently.
But Craddick had argued his presumptive punishment should have been probation.
The appeals court decision sends the case back to the Douglas County court for re-sentencing.
On Sept. 18, 2011, police went to the 100 block of Maple Street after two Lawrence residents, a 53-year-old woman and a 12-year-old girl, alleged that Craddick pointed a gun at them and threatened them after they petted his dog, which had approached them while they were walking.
Police contacted Craddick walking in the area later and arrested him after recovering an air rifle.
According to state records and the Douglas County District Attorney's Office, Craddick, who is 50, was incarcerated in June 2012, but released soon after on an appeal bond. But he was sent back to prison in July for drinking while at a halfway house, officials said. He is scheduled to be released on Monday.