A local bondsman has been sentenced to 18 months of probation for assaulting someone he was trying to apprehend in Leavenworth.

A local bondsman has been sentenced to 18 months of probation for assaulting someone he was trying to apprehend in Leavenworth.

Eddie Carnoali, 68, was sentenced Wednesday in Leavenworth County District Court for aggravated assault.

The charge stems from a Sept. 25 incident during which Carnoali reportedly fired a gunshot while trying to take an absconder into custody.

A police officer who was nearby reportedly heard a gunshot. The officer found Carnoali with what was described as a sawed-off shotgun, Leavenworth County Attorney Todd Thompson said.

Carnoali approached the officer and reportedly said, "I shot at him, but don't worry. I missed."

Carnoali fired the shotgun as the absconder was fleeing a residence, Thompson said.

Carnoali pleaded no contest to the aggravated assault charge Jan. 29.

As part of the plea agreement, a misdemeanor charge of criminal discharge of a firearm was dismissed. A separate case involving a criminal threat charge also was dismissed.

The use of a weapon also was removed as an element of the aggravated assault charge, but Thompson mentioned the discharge of the firearm when he reviewed the facts of the case Jan. 29.

Speaking during Wednesday's sentencing hearing, defense attorney Edward Gillette said Carnoali was doing his job the night of the incident.

Carnoali was trying to arrest someone who had "jumped" on a significant bond. The absconder got into an altercation with Carnoali and his partner, Gillette said.

The defense attorney said his client was not aware he couldn't use force.

"He knows it now," Gillette said.

Gillette suggested the state Legislature may want to look at clarifying what action bond agents can take in such situations.

Gillette asked if Carnoali's probation could be supervised in another county.

District Judge Martin Asher said he would leave this up to the discretion of probation officials.

"I agree with you it may be better," the judge said.

Carnoali did not make any comments before being sentenced.

After court, Carnoali said, "I thought I was in the right."

Carnoali said he had been struck first by the absconder, who had obtained a $25,000 bond through Carnoali's agency.

"He was severely assaulted," Gillette said of his client.

Thompson said case law shows Carnoali had a duty to act reasonably and the defendant's actions went beyond what a bondsman or police officer should do. The prosecutor said this was illustrated by Carnoali entering the no contest plea.

Gillette said the defense had planned to take the case to trial.

"We thought we had a legitimate defense," he said.

But, other issues arose that precluded the defense from going forward. Gillette said he couldn't get into what the issues were.

Gillette said his client will be unable to continue to serve as a bondsman with a felony on his record.

However, Carnoali said the company C & C Bonding will continue to issue bonds through its other agents.