Olivehurst resident cleared in shooting
Yuba County prosecutors on Thursday declined to file assault charges against an Olivehurst resident who shot a suspected thief last month.
However, the District Attorney's Office filed a felony theft charge against the suspected burglar, Ernest Badman.
Mechele Cook, deputy Yuba County district attorney, said there was not enough evidence to charge property owner Loren Sniffen with assault.
"Based on a review of the evidence, it does not appear a jury would convict (Sniffen) beyond a reasonable doubt," Cook said.
Attempts to reach Sniffen were not successful.
Sniffen, 38, shot Badman Nov. 29 with a 12-gauge shotgun outside his home in the 1600 block of Maryclair Drive.
Investigators said Badman, 26, stole a can of Sprite and miscellaneous tools from Sniffen's truck. Sniffen confronted Badman and said he thought the suspected burglar was armed when he opened fire.
No other weapons were found. Badman ran away and went to the Rideout Regional Medical Center emergency room. Yuba County sheriff's deputies were waiting for him. Badman's injuries were not serious. He was treated and released.
The Linda man pleaded no contest Oct. 17 to an unrelated vehicle theft case and is scheduled for sentencing Friday when he will also be arraigned on the new burglary charge.
He also faces a misdemeanor marijuana possession charge, according to jail records.
CONTACT Rob Parsons at firstname.lastname@example.org or 749-4785. Find him on Facebook at /ADcrimebeat or on Twitter at @ADcrimebeat.