BILLINGS, Mont. — A 65-year-old Billings man has been sentenced to 20 years in prison with 10 suspended for the October 2015 shooting death of his neighbor.

The Billings Gazette reports District Judge Mary Jane Knisely on Thursday rejected a plea agreement that recommended Jose Cobos be sentenced to the Department of Corrections, which could lead to a placement other than prison.

Prosecutors say Cobos and 52-year-old Mark Kirby were drinking and talking in Cobos’ garage when Kirby was shot. Cobos told Kirby’s wife and investigators that Kirby had attacked him. However, he has also said he does not remember shooting Kirby.

Court records say he told a neighbor that they were “just having some Halloween fun.”

He pleaded guilty to negligent homicide in May. A pre-sentence report recommended a 20-year Department of Corrections sentence.


Information from: The Billings Gazette, http://www.billingsgazette.com

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