The case against a Hutchinson man sentenced to 33-months for aggravated assault with a deadly weapon and criminal possession of a firearm goes before the Kansas Court of Appeals Tuesday.

Senior Assistant District Attorney Steve Maxwell says the case involves Richard Petty who was originally charged with threatening several at a home in the 700 block of 15th Circle back on January 11, 2009..

One victim, Ricky Caudillo was nearly hit from the two shots with one hitting the edge of his shoe and bouncing off. Police had the shoe as evidence in the case.

Police say Caudillo had come to the home and an altercation between him and Petty began. Petty then allegedly began chasing Caudillo around a vehicle and fired the gun at least twice.

Petty also threatened the others at the home apparently accusing them of breaking into his home and stealing items including a Plasma T-V.

He was sentenced to 26-months for the aggravated assault charge, and another 9-months for for the charge of criminal possession of a firearm. Now retired Judge Richard made the sentences consecutive to each other for a total of 33-months.

Petty had served time in prison already for aggravated battery in a case going back to 1997. He was discharged from the prison just over six years later on April 5, 2004.