Raymond Godoy, who blew his chance on probation, was back in court last week on his weapons charge.
First a recap.
Godoy is a Tucson teenager who was charged with first-degree murder after Derrick Burruss, 16, was shot to death coming home from the movies in January 2008.
Godoy was placed on five years probation after pleading guilty to hindering prosecution, but he messed up and was sentenced to 2 1/2 years in prison back in February.
Godoy's probation officer said Godoy was found with a gun (a big no-no when you're a convicted felon). The officer also said Godoy changed his address without telling him, consumed alcohol and failed to abide by his weekly intensive-probation schedule.
It was the second time Godoy had violated his probation.
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Last week, Godoy and his attorney were in court telling Judge Howard Fell prosecutors weren't fair when they asked grand jurors to indict Godoy for illegally possessing a gun.
Public defender Tanya Miller said jurors weren't told that the gun was found in a laundry basket shared by Godoy and his family and the basket was in the room he shares with his brother.
Miller also noted the grand jurors weren't told a family member with an extensive criminal history had also been in the house days before the probation officer found the gun.
Miller said Godoy ran away from the probation officer because he'd been drinking (another no-no), not because the police had been called over the gun.
Prosecutor Casey McGinley said the grand jurors were well aware the gun could've belonged to someone else and argued Godoy's rights hadn't been violated.
Judge Fell told Miller there was no need for McGinley to take the case back to the grand jury.
Godoy's trial hasn't been scheduled yet.
