Fourth-year College student Kevin Dixon pled guilty to the offense of brandishing a firearm at a deposition hearing in Charlottesville General District Court on Friday. The judge chose to delay sentencing to allow for a period of case review.
Police arrested Dixon Oct. 21, 2001 after he pointed a shotgun at several individuals passing his apartment on University Circle. The victims, members of Theta Delta Chi fraternity, were pursuing vandals when they encountered Dixon.
The students heard a weapon being racked and rounded the apartment building to see Dixon pointing a long gun at them.
According to the police, Dixon said, "Boy where you going? I'll f---ing shoot you."
Some students fled the scene. Others stood their ground, pulled shirts over their faces for protection, thinking it was a pellet gun, and told Dixon to go ahead and fire. The students moved on after Dixon did not respond.
Police responding to the vandalism incident at Theta Delta Chi coincidentally encountered the victims of Dixon's assault. They then entered Dixon's apartment and found him and three other individuals.
The weapon, a 12-gauge shotgun used by Dixon to shoot skeet, was not loaded.
According to police, Dixon smelled of alcohol but was not extremely intoxicated. Dixon was arrested and released on his own recognizance.
Brandishing a firearm is a Class 1 misdemeanor and is considered aggravated assault because it puts victims in fear of their lives. A misdemeanor sentence in Virginia carries no more than a one-year jail sentence, which may be suspended at the judge's discretion.
During the trial, presiding judge Hon. Robert H. Downer Jr. questioned what message a suspended jail sentence might send to the University and Charlottesville communities.
Although Downer said Dixon is not likely to commit another similar offense, he expressed concern over the seriousness of a weapons-related assault in a setting where alcohol is present.
Downer said Dixon's affiliation with the University will not affect his sentence.
The judge and prosecutor also considered Dixon's efforts to rectify his behavior.
Dixon said he wrote a letter of apology to Dean of Students Penny Rue.
"I am completely impressed with what he has done," prosecuting attorney Ron Huber said. "I think Mr. Dixon has done exactly what we would want an offender to do" in this situation.
Dixon's family declined to comment on the case. Dixon's attorney, Richard Milnor, could not be reached for comment.
The case will be reconsidered July 29 in Charlottesville General District Court.
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