A Philadelphia man who entered an open guilty plea last week to aggravated assault for firing a handgun three times during a dispute over a parking space was sentenced to five to 23 months in the county jail with one year of probation.
Darren Floyd, 34, of the 1300 block of South 56th Street, also entered a negotiated plea to one count of terroristic threats before Common Pleas Court Judge Mary Alice Brennan. He was sentenced to three years of consecutive probation under the terms of that plea worked out by Assistant District Attorney Amy Cappelli and defense counsel Vicki Herr.
Floyd and another man got into an argument over a spot in the 4000 block of Dayton Road around 10:30 p.m. July 30.
The alleged victim said Floyd was wearing brass knuckles and an unzipped, black cross-body backpack. He said Floyd advanced on him while reaching for the bag.
At that point, the victim said he took off into a rear alley, but turned to see Floyd was still moving toward him. He said Floyd fired a black handgun twice in his direction, though neighbors reported hearing three shots.
Investigators later found three fired cartridge casings in the grass sidewalk strip where Floyd had been standing.
The victim said Floyd then got into a silver Honda Accord with tinted windows and a Marine Corps sticker on the rear bumper below the license plate, driving away on Cheswold Road.
Upper Darby detectives reviewed surveillance video and used an automated license plate reader to identify the Honda, which was registered to Floyd. The victim positively identified him from a photo array as the man who had shot at him.
Floyd has been in custody at the county jail since his arrest July 31 and is eligible for immediate parole with good time.
He previously entered into a negotiated waiver of his preliminary hearing on charges of simple and aggravated assault, reckless endangerment, criminal mischief, possession of a weapon and possession of an instrument of crime.
Cappelli agreed to withdraw an attempted murder charge at that time with the understanding that the case would resolve in a nontrial disposition.
She argued Thursday for a state sentence of at least 12 months, or a county sentence of 11½ to 23 months, given the serious nature of the charges.
Herr asked for a mitigated range sentence. She said this was a bad set of circumstances on both sides in which Floyd reacted to being sprayed with hairspray, but he has strong family support and would be living with his father in Philadelphia upon release from jail.
Cappelli asked that Floyd forfeit the firearm as part of the sentence, stay away from the victims and stay away from the neighborhood. Brennan imposed those conditions and additionally ordered Floyd to undergo a psychological evaluation.