Lake Tobesofkee shooter sentenced to 6 years in prison

After dropping anchor in a cove this past March, three fishermen saw a car parking at a home on the shore of Lake Tobesofkee.

Moments later they saw a red light -- like the light of a laser sight on a gun -- pointed in their direction.

Shots soon peppered the water as close as 3 feet to the anglers, District Attorney David Cooke said Monday during a plea hearing for the man who fired the shots, 25-year-old Basil Ghali.

Cooke said the boat was illuminated by three Coleman lanterns.

Before hearing his sentence, Ghali apologized to the fishermen -- Shelby Smith, Adriel Miles Sr. and Adriel Miles Jr. -- who sat in the courtroom.

“I did not intend to hurt anybody,” he said. “I cannot say why I did what I did.”

Firing the shots was an “inexcusable moment of madness,” Ghali said.

Ghali initially was charged with misdemeanor reckless conduct after a string of law enforcement missteps threatened the case. The charge later was upgraded to aggravated assault.

He pleaded guilty to three counts of aggravated assault during Monday’s hearing as part of a plea deal with prosecutors that limited his possible prison sentence to a maximum of 12 years.

After listening to testimony, Judge Howard Simms sentenced Ghali to six years in prison. He also must serve 14 years on probation.

Ghali also must abide by special conditions of probation: He can’t possess a gun or live in a home with a gun. He must comply with mental health treatment and take prescribed medication. He also can’t commit a new crime of violence or threaten violence.

Having no prior felony convictions, Ghali opted to be sentenced as a first offender. If he completes his sentence without any infractions, he won’t have a criminal record.

But if he violates his probation, he could be sentenced to up to 60 years in prison -- 20 years for each count of aggravated assault.

‘THANK GOD HE MISSED’

Ghali’s lawyer, Laura D. Hogue, said in court that her client underwent brain surgery in 1998 and 2008 for an arteriovenous malformation, also known by the acronym AVM, in his right frontal lobe.

Neuropsychologist Leon Hyer testified that he reviewed records from the surgeries and Ghali’s brain scans show damage in the right frontal lobe, an area he described as a person’s “soul.” That area of the brain is responsible for problem solving, thinking, making choices and memory.

He said Ghali also suffers from bipolar disorder, attention deficit disorder, impulse control disorder, anxiety and post traumatic stress disorder. Ghali’s brother died in March 2014 despite his efforts to perform CPR.

Hogue said Ghali’s medications weren’t properly adjusted on the night of the shooting and he consumed an excessive amount of alcohol.

Several character witnesses -- Ghali’s friends, family and others -- testified that he’s a kind, caring “goal-oriented” man who helps others despite his medical limitations.

They said he has aspired to be a paramedic so he can help people.

Hogue asked the judge to sentence Ghali to probation, possibly with a suspended sentence that could serve as incentive for him to abide by the court’s conditions.

She noted that Ghali turned himself in to authorities and handed in the .40-caliber gun used in the shooting.

Before Ghali’s confession, deputies had built a circumstantial case, Sheriff David Davis has said.

Cooke countered that Ghali’s medical problems don’t absolve him of responsibility for his actions, and he asked that Ghali be sentenced to prison.

The shooting on the lake wasn’t Ghali’s first run-in with the law.

In 2012, he pleaded guilty to a misdemeanor gun charge in Michigan, Cooke said.

That same year, he was charged with terroristic threats after allegedly threatening to retrieve a gun from his car and kill people at an east Macon mixed martial arts studio, according to a sheriff’s office report. The case was later dismissed.

While Ghali said he didn’t intend to hurt anyone, Adriel Miles Sr. and Shelby Smith addressed the judge Monday, saying they feared for their lives.

“He could have killed us,” said Smith, who credits a prayer he said for safety earlier in the night for their survival. “Thank God he missed.”

This story was originally published July 6, 2015 at 11:47 AM with the headline "Lake Tobesofkee shooter sentenced to 6 years in prison ."