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Teen gets probation, community service for BB gun assault

WILLMAR -- An 18-year-old Willmar teen was sentenced Monday to probation until his 19th birthday, 100 hours of community service and 61 days at Prairie Lakes Youth Programs on a charge of second-degree assault with a dangerous weapon for a June 28 incident involving a carbon dioxide-powered BB gun.

As part of his sentence as a juvenile in Kandiyohi County District Court, David Adam Miller was given credit for 61 days already served at PLYP and was ordered to not use alcohol or drugs, submit to testing and attend a victim impact panel. Felony matters against 16- and 17-year-olds are public record.

The charge was filed after two Willmar police officers were called around 11:45 p.m. June 28 to a home along Elizabeth Avenue in response to a report from a man that someone had pointed a gun at him.

The man told officers a male in a white T-shirt and baseball cap pointed a gun at him during an altercation over the treatment of a woman, identified as the man's girlfriend. The man said the incident happened in the street along Becker Avenue and that the person pointed what appeared to be a semi-automatic handgun at him from 10 to 15 feet away.

Another officer observed a group of people walking in the area. He observed two members of the group, including a male wearing a white T-shirt, as they stepped behind a tree. The officer retrieved the gun, a Powerline Model 15XT BB gun, from behind the same tree.

When questioned, Miller denied the BB gun was his. However, he was detained and taken to the Law Enforcement Center by officers. He was interviewed there and initially denied the altercation with the man, but later said they had exchanged words and that he had pulled the gun and pointed it at the man's vehicle.

Miller also told the officer that he carried the gun for intimidation because there was a group of people who didn't like him. The BB gun was checked into evidence at the Law Enforcement Center. According to the petition, it was fully loaded and fully charged with carbon dioxide.

when officers confiscated it.