According to an article reported on October 4, 2011, by Lorenzo Reyna, a Fresno father placed on probation because an unlocked gun led to the accidental shooting death of his six-year-old stepdaughter, suffered another setback this past weekend.
This time Dubois, 33, was first arrested and sent back to jail for a violation of his terms of release, after probation discovered Dubois at his house with two bullets, an empty shell casing an an “air soft” rifle back on Friday.
On that same night Dubois was actually assaulted in jail by a fellow inmate after his arrest was made public in the city of Fresno, according to County Sheriff Capt. Rick Hill on Monday.
“He suffered cuts and bruises and told correctional officers that he was assaulted after the (television) news reported his arrest,” Hill said.
Mark Coleman, the attorney who has represented Dubois, also indicated that his client suffered a busted cheekbone, a black eye and even a concussion.
Coleman also said that Dubois was eager to begin his required community service during his three-year probation period, but that his probation officer wouldn’t allow him to get started.
“When he complained that his probation officer wasn’t allowing him to start his community service, authorities searched Dubois’ home with a dog in front of his wife and two-year-old son,” Coleman said.
The attorney also expressed his discontent towards officers finding an air soft rifle and other weapons in his client’s house. His claim is that the rifle is actually a toy and that his client was unaware of any more bullets inside his home.
“This is ridiculous,” Coleman said of the weapon discoveries.
Dubois, a former U.S Marine and gun safety instructor, was given 270 days of electronic monitoring and 500 hours of community service by a Fresno County judge. He was also ordered to not be in the presence of any dangerous weapons after pleading no contest in June to a felony charge of criminal storage of a firearm.
Dubois’ six-year-old stepdaughter was accidentally shot in the chest after his two-year-old son gained access to a .45 caliber gun from under his father’s bed. The handgun was not locked away, which gave the toddler easy access to the loaded weapon.
The gun fired off one round and hit Lavender in the chest while inside their North Fresno home, killing the child and leading to the discovery that Dubois had 53 guns, along with the .45 caliber handgun, inside his home.
He originally faced a three year prison term, but was sentenced to probation on the condition that he wouldn’t come close to any dangerous weapons, including firearms.
Hill said that Dubois was discovered in his jail bunk bed at 12:45 a.m with cuts, bruises and his head under blankets. Hill also has said that despite the assault by inmates, Dubois did not want to press charges.
Sheriff spokesman Chris Curtice indicated that Dubois was given medical treatment following his assault at Community Regional Medical Center for evaluation and treatment. Dubois was later returned to the jail.