34-year old Jared Dubois escaped facing prison time and was released from jail Thursday night, not wanting to speak to the media the father was back in jail after violating his probation September 30th when ammunition was found during a police search in his home.
"Again there was a serious question in this case as to whether or not he knew the ammunition was there," said Mark Coleman, Dubois' attorney.
The judge made it clear Thursday that if Dubois possesses any firearms, knives or ammunition, the court's patience will run out and he will go to prison. In August Dubois pleaded not guilty to a felony charge of criminal storage of a firearm in connection with the May 29th shooting death of his 6-year old stepdaughter Emily Lavender. Fresno Police say Dubois left a loaded gun under his bed which his 2-year old son found and then fatally shot Emily. CBS47's legal analysts Carl Faller isn't surprised by the judges decision after he violated his probation.
"I think that everybody has pretty much agreed from the beginning that the original incident with his son was just was just a very tragic accident and while he did have some responsibility for it there is certainly nothing intentional involved," said Faller.
Dubois' attorney says Jared and his family have been through enough and agrees with the judge's decision.
"Jarred and his family have been punished enough as a result of what happened. It's a tragic accident and I think probation is completely appropriate," said Coleman.
Dubois is due back in court in April.