Judge rejects guilty plea, says prosecution must prove real gun was used

Larry Gene Hottel, 44, of Whitewater was ready to plead guilty Monday and was midway through the process when Judge Benjamin Lewis said the court would not accept the plea.

Hottel faced charges of felony unlawful use of a weapon and misdemeanor domestic assault, amended from the original charge of felony second-degree domestic assault.

When Lewis asked Hottel for the facts of the case for unlawful use of a weapon, Hottel said he used a pellet gun to provoke his neighbors Nov. 26.

Witnesses in the case said they saw Hottel driving through a field adjacent to their property, according to a probable-cause statement from Cape Girardeau County sheriff’s deputy Ben Juergens. They said Hottel was revving his engine and firing a gun into the air.

Hottel said his car was backfiring, and he was throwing aerosol cans in a nearby fire, which could account for the sound.

Assistant prosecuting attorney Angel Woodruff referred to the probable-cause statement in the case, but it does not state a firearm was recovered at the scene. Hottel said he threatened to shoot his neighbors’ animals because they killed his dog the day before.

“I was just trying to provoke them, your honor,” Hottel told Lewis.

Lewis contested the case with robbery using a pellet, BB or toy gun. In that instance, the perceived threat of lethal force is enough to merit the charge. But in this case, a real gun would be necessary.

“This has to actually be a firearm with lethal capability,” Lewis said.

Lewis continued the case to March 25. The prosecuting attorney must prove a real gun was used, or Lewis said he would dismiss the case.

Hottel pleaded to misdemeanor domestic assault for hitting and choking his daughter Nov. 26. Lewis sentenced him to 120 days in jail, with Hottel already serving 109 of those days.

“I was totally in the wrong, your honor,” Hottel said.

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