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Man pleads not guilty to shooting 5-year-old stepdaughter with BB gun

A 28-year-old Minot man reportedly told authorities he was trying to shoot a mouse with a BB gun this past spring when his 5-year-old stepdaughter was hit by a richocheted pellet.

Jacob Ryan Hill’s story contradicts the story told by the child, who said he shot her for “being mean” to her 2-year-old sister.

Hill pleaded not guilty to Class B felony child abuse at a hearing in district court in Minot Thursday.

According to testimony at the hearing and a probable cause affidavit filed with the court, the child’s paternal aunt took her to a Bismarck hospital for treatment on June 6 after she complained of pain and doctors there found the pellet still lodged in her leg.

The girl was subsequently interviewed by authorities in Bismarck. She said she had been standing on the couch in their residence at the radar base, waiting for her older brother to get home on the school bus. Her 2-year-old sister tried to get on the couch with her and the 5-year-old did something that made the toddler scream and cry. Hill then got mad and shot her in the leg with the BB gun.

The girl’s aunt hadn’t seen her since March when she picked her up on June 2 for a visit and told authorities the girl did not have the injury in March.

Under cross examination by the defense during the hearing Thursday, Deputy Jared Olson said the girl told authorities that Hill apologized right away after he shot her. She had blood on her pants, her mother gave her a bandage and she told her parents she was all right.

Hill and the girl’s mother, Cassandra Sherry-Hill, told authorities they believed the girl was all right, which is why they did not take her to a doctor. The girl’s aunt also delayed taking her to the doctor for a few days after the girl told her about the incident. Her aunt also believed the child seemed fine.

Sherry-Hill, who is charged with felony child neglect in the case, told law enforcement that they had been teaching the children about gun safety and the BB ricocheted and hit the girl, while Hill told authorities he was trying to shoot the mouse.

But both the girl and her 6-year-old brother told authorities that Jacob Hill regularly shot them with the BB gun as a form of punishment. The boy told authorities that he and his 5-year-old sister would be placed in time out and required to kneel in position for as many minutes as they are old. When he failed to stay in position for the full six minutes, Hill shot the 6-year-old boy in the toe with a BB. Neither the girl nor her older brother had any other physical injuries.

The girl’s aunt told authorities that the child was always filthy when she was living with her mother and didn’t get enough food. The girl has been dirty and had lice after she has been living with her mother. The home reportedly did not have running water for some periods. The girl’s mother had primary custody of the child at the time she sustained the BB gun injury. She was visiting her father’s sister in the Bismarck area in June.

Hill’s defense attorney, Raissa Carpenter, attempted to question Olson on the conditions of the Hill family’s former residence at the radar base and the aunt’s opinion of Hill. Olson said he didn’t think the girl’s aunt had ever met Hill, but her opinion of him would not be a favorable one.

Hill could face up to 10 years in prison and a $20,000 fine if convicted of the child abuse charge.

Judge Gary Lee asked the state whether they plan to amend the charge to allege that a dangerous weapon was used to commit the offense. That would trigger a minimum mandatory sentence of at least two years under state law. Carpenter objected and said it sounded like Lee was giving the state advice on charging decisions. Ward County Assistant State’s Attorney Caitlyn Pierson then said she will amend the charge. Lee also advised Hill that he could be ordered to register as an offender against children for life if he is convicted of the child abuse charge.

The family moved from the radar base to an apartment in Minot earlier this year. Jacob Hill is also charged with Class C felony possession of drug paraphernalia and Class A misdemeanor possession of methamphetamine because authorities found meth and meth paraphernalia in his Minot apartment when they went to arrest him in June. Two children were in the apartment with the Hills when they arrived, acording to Hill’s probation officer, Kayla Haugeberg. Haugeberg testified at the hearing on Thursday that Hill is an admitted user of methamphetamine. He could face up to six years in prison if convicted of the drug charges and more than $10,000 fines.

Jacob Hill is currently on parole from the North Dakota Department of Corrections on an escape charge. Hill was released from prison in December 2016.

Jacob Hill is also separately charged with making a bomb threat to the Ward County Courthouse on May 25 that resulted in the courthouse and adjoining office building being evacuated. He allegedly made the call from Trinity Hospital. He is charged with Class B misdemeanor theft for allegedly stealing a Nintendo 3DS game system from the hospital while he was there to make the bomb threat. A preliminary hearing in the case is set for Oct. 11. He could face up to five years in prison for the Class C terrorizing charge and $10,000 in fines. The Class B misdemeanor carries a maximum sentence of 30 days in jail and a $1,500 fine.

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