A Pennsylvania man who admitted firing a BB gun out of a car and striking a pedestrian in Atlantic City was sentenced to probation Monday.
But the state is contesting Judge Bernard DeLury's decision not to give the man prison time, Atlantic County Prosecutor William Reynolds announced.
Owen Ricketts, 24, of Morrisville, Pa., admitted last summer that he shot the gun May 30, 2022.
He pleaded guilty in July in exchange for the state recommending a sentence of five years with one year of parole ineligibility.
The judge stayed the start of Ricketts' probation while the state appeals.
In addition to admitting shooting the BB gun, Ricketts also admitted to possessing a loaded 9mm handgun with no serial number that police found in his fanny pack.
Two BB guns were found inside the vehicle.