Mitchell man sentenced to seven years in prison for possessing loaded firearm, marijuana while on probation

MITCHELL — A Mitchell man who wielded a gun inside of a local bar while possessing over a half-pound of marijuana has been sentenced to serve seven years in prison.

Jose Arias-Aquino, 21, of Mitchell, was sentenced to 12 years in prison with five years suspended for possession of marijuana in the amount between a half-pound and 1 pound with intent to distribute, a Class 4 felony that carried a maximum sentence of up to 10 years in prison, and possession of a firearm with a prior felony, a Class 5 felony, and violating probation.

Although Arias-Aquino spoke before being sentenced in early February and said he was a changed man after completing an in-patient treatment program while in custody.

Considering he was serving probation for a felony robbery charge at the time of his latest arrest, Judge Chris Giles said that “it appears to the court” Arias-Aquino didn’t listen to anything he was told” at the time of his most recent sentencing for the robbery charge.

Arias-Aquino was granted a suspended imposition and placed on probation for the accessory to a felony robbery charge in early June. A few months after being sentenced for the robbery charge, Arias-Aquino was arrested for the charges he was sentenced for on Tuesday.

Davison County Deputy State’s Attorney Robert O’Keefe said he “can’t overlook (Arias-Aquino) getting picked up again for having a serious amount of marijuana and firearms” while on probation for a serious robbery-related charge.

According to an arrest affidavit, officers located Arias-Aquino — who was “covered in blood" — on Aug. 18 sitting inside an apartment building on the 200 block of West Second Avenue. No information was disclosed about why Arias-Aquino was covered in blood when he was found.

Officers searched the then-heavily intoxicated Arias-Aquino and found a Ruger style pistol in his pocket, which was loaded with a magazine that had additional rounds in it, according to the affidavit. After officers conducted a check on the gun’s serial number, it was deemed as stolen. A witness reported to officers that Arias-Aquino “showed the handgun” while entering an apartment building prior to his arrest.

Arias-Aquino’s attorney, Deva Wermers, highlighted his successful stint in an in-patient treatment program and strong work ethic as reasons for Judge Giles to consider another probation sentence.

Ultimately, Giles rejected granting Arias-Aquino another opportunity for probation and continuing treatment.