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Lodian pleads no contest in friend's shooting; may face two years in prison

By Layla Bohm
News-Sentinel Staff Writer
Saturday, November 3, 2007 6:58 AM PDT

A 19-year-old Lodi man who accidentally shot his friend in the face pleaded no contest Friday to assault with a firearm and possession of stolen property.

Austin Noori could face up to two years in state prison for the conviction, which counts as his first strike under California's three-strikes law, said Deputy District Attorney Janet Williams.

Noori and the victim, Joshua House, 19, were hanging out with friends and playing drinking games in a Rutledge Drive home on the night of Sept. 20. Noori was holding the gun and allegedly pointed it at House before the gun went off.

The bullet from the .40-caliber handgun struck House's cheek, exited through his neck and just missed striking another friend.

House spent more than a week at UC Davis Medical Center in Sacramento, undergoing several surgeries.

The gun belonged to Noori's father, who discovered only after the shooting that it was missing.

Noori, who was on probation for several misdemeanor convictions including disturbing a school campus and marijuana possession, remains in jail.

He was not sentenced Friday but a judge will instead wait for a San Joaquin County probation officer to gather information on Noori's background and prepare a report recommending a sentence.

That sentence could range from probation to two years in prison, and a judge is scheduled to hand down that sentence on Dec. 4.

The 19-year-old will now have a serious felony on his record for life, Williams said. Because it is a strike, a future serious felony conviction could be punishable with a sentence double the normal length.

Contact reporter Layla Bohm at layla@lodinews.com.

Reader Feedback

Jessica wrote on Nov 11, 2007 10:05 PM:

" On second thought- maybe the big house would be good for him. He's had drug issues and run ins with cops for the 4 1/2 years I knew him. He needs to be taken out of the environment he's in. "

Jessica wrote on Nov 11, 2007 9:59 PM:

" I've known Austin since the 7th grade, and let me tell you, it's been a long time coming. We were pretty good friends, but this kid was always troubled... I moved away in junior year to Seattle, and it hurts to see this article now. Gosh. I dont know what to say. "

LM wrote on Nov 11, 2007 11:28 AM:

" Austin Noori should be facing a greater time in prison, say 20 years without parole. The purpose of prison is punish the guilty and protect society from them. Also, criminals should be prevented from networking in prison. After 3 felony convictions the guilty should be in prison for life without parole. "

E A P wrote on Nov 6, 2007 12:29 PM:

" there just trying to scare him with prision time....he will prolly just get a year local with a strike....i kno that is wat he will get "

Lodian wrote on Nov 4, 2007 11:25 PM:

" I guess one could argue that Cheney was making stupid decisions before his shooting "accident" too. Cheney was drinking as well, and he is an adult that should certainly know better than to drink and then plan to use a firearm. I don't know this young man (Noori) or his history so it's hard for me to say if the punishment should be the max in his case. I'd be interested to know more of the story, the circumstances and the background of Noori. "

Leonard wrote on Nov 4, 2007 5:15 PM:

" If there was any justice, Cheney would have been on probation too. "

to Leonard: wrote on Nov 4, 2007 1:36 PM:

" that comment was ignorant. I think there is quite a big difference between Cheney's accidental shooting and this kid's. this boy at only 19 was already on probation meaning he already was making stupid decisions before this "accident". "

MAY face two years... wrote on Nov 4, 2007 1:25 PM:

" But will probably be placed on probabtion. "

continued wrote on Nov 4, 2007 12:49 PM:

" about how he will get no additional time (released on the day of sentencing, time served) probably only reason he did that much time was he couldn't get bailed out by his parents while waiting for his plea deal from the da. So don't let it affect you when you hear some da spouting off about the maximum sentence because it never happens. "

Sick and tired wrote on Nov 4, 2007 12:45 PM:

" Another B.S. practice our da's office has is to always announce what the punishment could be, but never is. They always throw out what the maximum sentence for the crime is, even though ity NEVER happens and they know that. I guess this is just to apease the victim and their families. So next time you hear "and the maximum sentence this crime carries in the state of CA is 2 years in state prison, don't think our justice system is hard at work. What they aren't telling you is the part "

Leonard wrote on Nov 4, 2007 9:44 AM:

" JB: It seems to me that you are arguing that the shooter in this case should have been treated the same way Cheney was. Both cases were accidents, after all. "

Leonard wrote on Nov 4, 2007 9:43 AM:

" JB: Was the shooter drunk? "

John Brown wrote on Nov 4, 2007 8:29 AM:

" A very large truck...While your at it check out just how many hunting accidents there are a year in calif... The clown here was playing a drinking game with a stolen firearm, What do you expect 200 hrs of community service... I have said it once before He and his little crew are on the way to the CDC. "

John Brown wrote on Nov 4, 2007 8:19 AM:

" Leonard & Lodian if you two arn't trolls then I feel sorry for you...I have a very good friend who was hunting with his son .The sons rifle was leaning against the fence,when he started to climb over the fence it fell and shot his Dad in the groin (30-06) he was Air-evaced and it took a year to heal...I was working on Hastings Island and our truck was hit 3 times in one day "

T & C wrote on Nov 4, 2007 7:54 AM:

" Leonard, he's a physicians son and already has more breaks and chances than 10 people get. Even the expchief couldn't get him sprung this time. He'll probably just get probation, again. "

Leonard wrote on Nov 4, 2007 6:37 AM:

" Lodian: I am sure that you are right. The example would have been much more powerful, however, if the man going to jail was Cheney. Who knows whether this young shooter in the face was influenced by the fact that Cheney, while drunk, shot his friend in the face but suffered no consequences. "

prison talk wrote on Nov 3, 2007 8:49 PM:

" This article says that Noori could get up to 2 years in prison. That means that's the max he could get. They hardly ever give the max. I'm betting he just gets county jail time with a strike and probation. County jail time is up to a year, no longer. "

M2CW wrote on Nov 3, 2007 7:19 PM:

" I agree that this young man is going to be "an example". Too bad, I think prison for a 19 year old who totally BLEW it, is NOT going to help either of these boys. It's a shame is all. Give this boy something POSITIVE to do for 2 years, I hope to GOD this young mans life isn't going to be started off in Prison. "

radone wrote on Nov 3, 2007 5:13 PM:

" he's a troubled kid-no parental guidence at all...he was always at my house hanging out with my boys-he rarely saw his dad and now he's in big trouble!maybe this stopped him from pointing the gun at a bank teller or grocery clerk??? "

Lodian wrote on Nov 3, 2007 4:16 PM:

" Leonard: Perhaps it is easy to make an example of this young man?? "

Leonard wrote on Nov 3, 2007 11:58 AM:

" I don't understand why this young man is being treated differently than any other accidental in the face shooter. "

M2CW wrote on Nov 3, 2007 11:02 AM:

" I think a prison term is too hard on this young man. I think a work furlough program or entrance into the service is a better answer. "

Jelly Jihad Brigade wrote on Nov 3, 2007 9:17 AM:

" Now this guy is a brain surgeon! Pointing a loaded gun at a friend?? I'd hate to be his enemy! There is a good side to this story. Mr. Noori will no doubt have a new boyfriend (oops cellmate) in prison. "

bill pickles wrote on Nov 3, 2007 8:25 AM:

" well boy, looks like you may be headed to the big house. you will pay for your mistakes and then some. good luck to you. "

Comments on this story are now closed.