A Green River man accused of shooting another man pleaded not guilty to a felony charge.
Ted G. Kalivas, 58, appeared in the Third District Court of Judge Richard Lavery at an arraignment to aggravated assault and battery.
If Kalivas is found guilty of the felony, he could face a maximum sentence of 10 years in prison and a maximum fine of $10,000.
According to court documents, in May of 2016, Green River Police officers responded to West Railroad Avenue for a report of two people fighting and that shots had been fired.
Upon arrival, an officer noticed David Maestas was being treated by emergency personnel for a gunshot wound to the leg. Maestas told the officer he had been sleeping in his bedroom when Kalivas entered it and said “Leave now and (don’t) move too fast.” Maestas said he didn’t really know what happened next, but he heard a gun go off. He didn’t even realize he had been shot.
Kalivas was taken into custody and interviewed at the police department.
During the interview, Kalivas said he went to his daughter’s house on West Railroad to check on her. Prior to going to his daughter’s house, he retrieved his pistol because he was scared of his daughter’s boyfriend, Maestas. He told the officer he only took the gun for a “scare tactic.”
After entering his daughter’s residence he went to the bedroom, where he saw Maestas lying on the bed. Kalivas allegedly admitted to pointing the gun at Maestas. Kalivas said Maestas asked him what was going on and then Maestas punched him in the face with his fist.
Kalivas said as he was falling backwards from the punch the gun accidentally discharged.
After Kalivas was placed under arrest, an officer discovered a spent W-W45 auto casing in the front pocket of Kalivas’ shorts.
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