Charles Crane/MDN Theophris Drake, left, speaks with his attorney Philip Becher during his sentencing on five felony counts from a 2023 bar shooting that injured two people.

The Alabama man who pleaded guilty to five felony counts stemming from a bar shooting in Minot in February 2023 has been sentenced to three consecutive sentences totaling 12 years in prison in North Central District Court in Minot on Thursday.

Theophris Drake, 41, Birmingham, Alabama, entered an open guilty plea in October 2023 shortly before a pending jury trial to the five felony charges, which included aggravated assault-firing resulting in permanent loss or impairment, a Class B felony; and aggravated assault-firing-adult victim, terrorizing with a dangerous weapon, reckless endangerment-extreme indifference-dangerous weapon, and tampering with physical evidence, all Class C felonies.

“This community has had too damn many incidents starting with a gun in a bar. There’s a need for deterrence. The right to bear arms is a strong one, but it’s not absolute. You still need to be responsible. That means you don’t bring them in a bar,” Judge Douglas Mattson said.

During the sentencing hearing the parties reviewed documents related to two prior convictions for robbery and federal firearm possession against Drake which Ward County State’s Attorney Roza Larson said met the required burden to categorize Drake as a habitual offender. The motion was affirmed by Mattson despite objections by Drake’s attorney Phillip Becher due to discrepancies with the maximum sentences for the convictions.

The proceedings shifted to Drake’s sentencing, with Mattson acknowledging victim impact statements and letters of support for Drake from friends, family, and his employer.

The incident occurred on Feb. 4, 2023, at the Dakota Lounge in Minot, when Drake, who legally could not possess a firearm, pulled out a gun and fired two confirmed shots in the crowded bar after a dispute involving Drake’s friend and two victims. One victim suffered permanent impairment from his injuries, including the removal of parts of his large and small intestine.

Drake was captured on video leaving the venue and returning shortly after to retrieve his cellphone. Video shared by the prosecution during his sentencing showed Drake brandishing his firearm at a bouncer who attempted to confront him.

According to court documents Drake told the bouncer, “I’ll cap you too,” before fleeing the scene. Drake was arrested shortly after Minot Police found him attempting to hide in wood piles at a nearby grocery store, where he also attempted to conceal the firearm used in the shooting.

“[Drake] shot three times, and used his gun to threaten John Doe three. He had a gun with him inside the bar. He attests he was defending his friend. He claimed his friend was knocked out, but video shows him scurrying away. His first thought was to grab his gun and shoot three times. There’s no defense for shooting a firearm that many times in a crowd. No defense for bringing a gun to a bar in the first place.” Larson said.

Larson noted for the court the firearm Drake used was registered to his wife, as he had his right to own or possess a firearm revoked following a federal firearm possession charge in Alabama in 2009. Larson requested restitution from Drake in the amount of $100,802.85 to compensate the two victims for their medical bills and to reimburse the State for money paid out to one of them from a victim’s aid fund. Larson also asked the court to consider a request from one of the victims who wanted the bullet removed from his body to be returned to him as a souvenir.

Larson asked for a consecutive sentence to be served in two blocks of two years for counts two and three, with counts four and five being concurrent with count three. The final block proposed by Larson would be a 10-year sentence for the Class B felony aggravated assault resulting in permanent loss or impairment.

Becher disputed the inclusion of a third shot in the narrative of the incident, citing court documents that showed only two casings were recovered, disputing a third slug included in evidence. Becher asked Mattson for his client to only serve four years of a 10-year sentence for the Class B felony, citing Drake’s willingness to pay the full requested restitution, his support system after his release, along with his expressed remorse for his bad judgment for possessing and using his firearm that night.

“Mr. Drake made a poor decision. He does very much regret his actions and the affect his actions had on others in the situation. He is not somebody that needs to be locked up as long as the state is seeking for.” Becher said.

Drake spoke on his own behalf, directly apologizing to the three victims and asking Mattson for a chance to redeem himself and lead “a correct life.” Mattson asked Drake why he had a gun despite his federal firearm conviction and Drake replied he had it because of his occupation as a truck driver, but acknowledged it was no excuse saying, “I never should have had it.”

Mattson took a brief recess to consider the sentence, but ultimately ruled to follow the structure proposed by Larson, with the first block being two years for the Class C felony aggravated assault count, and another two years to be served consecutively for the Class C felony terrorizing with a dangerous weapon charge. The charge of reckless endangerment with a dangerous weapon and tampering with physical evidence were to be served concurrently with the terrorizing charge, which would account for around 160 days Drake previously served and an unspecified amount of good time.

“This case comes down to public safety. The willingness to use a gun where there are people around. People are needlessly put in danger.” Mattson said.

Mattson ruled that Drake would serve a 15 year sentence for the Class B felony, with seven years suspended, with the remaining eight years to be served consecutively with the second two-year block. Drake was ordered to complete three years of supervised probation and to abide by a no-contact order for the three victims. Mattson assessed the full requested restitution and suspended all but $125 in court fines and fees.