Jury recommends max sentence on reduced assault charge in Columbia restaurant shooting
Olivia Hayes
COLUMBIA, Mo. (KMIZ)
A Boone County jury made its recommendation on how much prison time a Florida man should face for opening fire in a Columbia restaurant.
The jury recommended a seven-year sentence for second-degree assault, the maximum allowed under the law. The jury also recommended and eight-year sentence for armed criminal action after about four hours of deliberation on Thursday afternoon.
Alexis Gonzalez, 38, was found guilty of second-degree assault and armed criminal action Wednesday. He was acquitted on one charge of unlawful use of a weapon. Gonzalez was accused of shooting Gary Bitsicas in the face on Aug. 17, 2024.
Prosecutors originally charged Gonzalez with first-degree assault, which has a maximum sentence of 30 years. The jury convicted him instead of the lesser offense of second-degree assault, and deliberated the sentence recommendations for most of Thursday.
Judge Stephanie Morrell will decide the final sentence on May 4. Morrell cannot exceed the jury’s recommendations when deciding on a prison sentence.
The state asked the jury to consider the maximum sentence for both counts. The defense asked for one year in the Boone County Jail for the assault conviction and three years in the Missouri Department of Corrections for the armed criminal action.
The state argued that Gonzalez went back into a restaurant with a gun and the intention to harm Bitsicas after an argument outside over a bar tab. Gonzalez claimed he was acting in self-defense and in defense of his girlfriend. Gonzalez expressed his regret one final time on the stand Thursday before deliberations.
“I regret the injuries that Gary had to suffer, I regret the things that people had to go through in that bar, I still do think about it each and every night,” Gonzalez said.
Boone County Prosecutor Roger Johnson said the verdict will send a message to the public on whether Columbia tolerates crime or stands up to it. He asked the jurors to make an example out of Gonzalez and his actions that night. Johnson said being a gun owner comes with a responsibility that Gonzalez failed to uphold.
“Gun violence on our community is not going to be tolerated,” Johnson told ABC 17 News after court Thursday.
The defense highlighted Gonzalez’s character in closing statements to jurors. His attorney, Jeff Hilbrenner, said Gonzalez is a military veteran who worked as a pharmacy technician before his arrest. Hilbrenner said Gonzalez has no criminal history and no reports of poor behavior while being held in jail since Aug. 18, 2024.
Hilbrenner wasnot available for comment Thursday.
Bitsicas also shared a statement after court on Thursday calling for stricter gun law in the state.
“When the laws are weak, the violence becomes easier,” Bitsicas said. “When the violence becomes easier, more families suffer.”
Bitsicas did not want to share his thoughts on the jury’s sentencing recommendation.