A Gering man accused of shooting his 39-year-old son is currently scheduled for trial in April.
Eldon “Bubba” Anthony, 67, of Gering, appeared in Scotts Bluff County District Court on Friday, Dec. 6. Accompanying Anthony was his son, Philip Anthony, the man who he is accused of having shot on Monday, Nov. 11.
Anthony has been charged with second degree assault in connection with the shooting that occurred at his home in the 2300 block of 17th Street of Gering. Prosecutors have charged Anthony with first-degree assault, a Class II felony; and use of a firearm to commit a felony, a Class IC felony.
Both the Class II felony and the Class IC felonies come with minimum penalties, if Anthony is convicted. The assault charge is punishable by a minimum of one year imprisonment and the firearms charge is punishable by a mandatory minimum of five years imprisonment. Both charges have a maximum sentence of 50 years imprisonment.
The hearing on Friday lasted just about five minutes, with Anthony and his attorney Maren Chaloupka indicating that the man would waive formal reading of the complaint filed against him in open court. Anthony pleaded not guilty to the charge and Scotts Bluff County District Court Judge Andrea Miller said the case would proceed under Judge Leo Dobrovolny. Pre-trial motions are to be filed within four weeks and a pre-trial conference was scheduled for March 25 2020. The case is scheduled for trial during the April jury term.
Charges against Anthony stem from a shooting at his home. Police investigators were called to Anthony’s home the night of Nov. 11 and advised as they investigated the shooting that an argument had occurred between Anthony and his son Philip Anthony. Officers located Philip Anthony, of Omaha, to be suffering from a gun shot wound in the middle of his chest. Philip Anthony had been transported to Regional West Medical Center, where police said he underwent surgery after the shooting.
Investigating officers stated in arrest affidavits that they observed a broken bottle on the ground. Anthony told police Philip Anthony had been drinking most of the day and Anthony had also had “a couple of beers to drink himself,” according to the affidavit. Anthony told police that Philip Anthony began to argue with his wife, Kathleen, and the woman had left the computer room. Anthony alleged his son got up and “told Eldon that Eldon was going to have to shoot him.” Anthony alleged his son had previously assaulted him in the past, and “when Philip made that statement Eldon feared for his life.” He alleged his son “went after him in what he perceived to be an aggressive manner” and he removed a handgun from a desk and shot his son.
None of the court documents have cited statements made by Philip Anthony to police.
Police recovered the weapon from the scene.