Justin Rourke, 32, also was ordered to pay $12,330.06 in restitution in connection with the June 11 shooting death of Roman Padilla, 41.
Police have said Rourke pulled a handgun and shot Padilla and a dog in the 500 block of South Edwards after he and others went to a house there to retrieve the pit bull puppy, which they thought had been stolen. Padilla later died at a Wichita hospital.
"The argument turned physical. Police say the 41-year-old went to get a baseball bat and confronted the 50-year-old man.
"That is when a 32-year-old man, identified as Justin Rourke, allegedly got a handgun and fired one shot hitting the 41-year-old man in the stomach. He was transported to the hospital where he died.
"At that point, a second dog, also a pit bull, ran out of the home. As it charged towards the three, Rourke allegedly shot the dog killing it."
Rourke’s defense attorney, in a court document, said Rourke fired in self-defense after Padilla charged at him with a baseball bat. He turned himself into police after the shooting and pleaded guilty to involuntary manslaughter in August.
Originally prosecutors charged him with second-degree murder, animal cruelty and aggravated assault.
The sentence was handed down Thursday by Sedgwick County District Judge Terry Pullman, according to a notation in court records.
Rourke, who maintains his innocence, had asked to be placed on probation.
(Wichita Eagle - Nov 23, 2015)