James Handy Jr. did not have a criminal record except for a drunken driving conviction in 1974.
But on Dec. 1, 2004, the now-75-year-old Handy shot and killed one of his grandchildren, Aaron Handy, 24.
After his sentencing Thursday, the slender Handy was led handcuffed from a Denver court to serve 60 days in jail. Denver District Judge Sheila Rappaport had sentenced Handy to three years’ probation, with the 60 days a condition of probation.
The case was tough on everyone.
Fernando Freyre, James Handy’s defense attorney, claimed the incident was a classic “make my day” and self-defense case, in which James Handy was protecting himself at home from an enraged grandson who was about to begin a sentence for a probation violation.
But as Rappaport noted, James Handy shot an unarmed man, something Handy admitted to police hours after the shooting.
The district attorney’s office said James Handy had a “practice of brandishing” the 20-gauge shotgun that he used to kill Aaron, and prosecutors said they had three witnesses who had seen James Handy similarly brandish the weapon in the past.
But prosecutor Lamar Sims said the plea bargain was appropriate.
“There was going to be some difficulty,” Sims said. “In looking at all the evidence … we felt this was appropriate. This was a very difficult case.”
Sims said that once somebody takes a life, he could possibly do it again, even if he is elderly.
“Is he going to act the same way in the future? I don’t know,” Sims said.
But Freyre portrayed Handy, who he said helped raise 30 grandchildren, in a different light.
“He truly is a gentle man,” Freyre said. “He is the softest spoken, most respectful man. He is the nicest man I’ve ever represented.”
Had the case gone to trial, Freyre said, James Handy would have testified about his grandson’s numerous run-ins with the law and why he feared for his life.
Aaron Handy was arrested on suspicion of murder in November 1998 after a shooting at Columbine Elementary School, one block from James Handy’s home. The charges were later dropped. Aaron Handy had been arrested nine times since 1998 on charges including domestic-violence-related assault, illegal possession of firearms and resisting police, records show.
Just 10 days before the fatal shooting, Freyre said, Aaron Handy had threatened his grandfather’s life. And in the minutes before the fatal shooting, Aaron Handy told his grandfather he was going to “knock your head off,” called him a “sissy” and an “SOB” and picked up a metal canister and metal pole in a threatening manner. Aaron was headed for Handy when he fired the fatal shot, Freyre said.
Staff writer Howard Pankratz can be reached at 303-820-1939 or hpankratz@denverpost.com.
