Mauller will also be required to complete community service and pay court costs.
The defendant was accused of shooting at a driver of a vehicle that allegedly struck his jeep in August. A police affidavit filed with the charges says the victim was arguing with a group of men on Karr Street when the men began to throw rocks at the victim’s car.
“(The victim) stated that he took off to get away from them and accidentally struck Mr. Mauller’s Jeep,” the report says. “(The victim) stated that Mr. Mauller came to his driver side window and started trying to open the door to drag him out so he took off.”
The victim said Mauller followed him as he tried to get away and fired one shot at him with a handgun near Mitchell Boulevard, according to the affidavit.
Officers interviewed Mauller who told them while he was following the victim, he thought the victim was going to back his car into his, according to the affidavit.
“Mr. Mauller advised the vehicle suddenly stopped in the area of Miracle Mile and Mitchell Boulevard,” the affidavit says. “Mr. Mauller stated he saw the vehicle’s reverse lights and thought the vehicle was going to back into him. Mr. Mauller stated he retrieved a handgun which was sitting on the passenger side seat. Mr. Mauller admitted that he placed the handgun in his left hand and fired one shot from inside of the vehicle.”
Mauller allegedly told officers that he wasn’t trying to shoot the driver, rather he was aiming for a tire.
In court, Mauller defense attorney James Griffin told the judge that his client admits he made a mistake.
“He was trying to shoot out the tires so (The victim) wouldn’t run him over,” the attorney said. “He understands now that he should not have done but he was in fear of his safety.”
“Instinctively, he is a good shot with a gun and handled firearms since he was a young man. It was a distance of fewer than six feet. He didn’t intend on hurting anybody. I am sure he could have but Cody is not that type of person.”
The judge said he believed what Mauller did was serious and wrong.
“Good shot — don’t care,” O’Neill said. “You shot in a neighborhood at a moving vehicle. Under stress. It’s not like being at a target range.”
The judge also said that it is still unclear to him whether Mauller was inside or outside his vehicle during the shooting.
“I got two statements by you, one that says you were inside your car and shot from inside the car and the second statement says you shot outside of your car,” O’Neill said.
O’Neill said that Mauller scored low on the Ohio Risk Assessment survey.
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