Man connected to two shootings, one of them fatal, sentenced to 25 years in prison
On April 25, as part of a plea deal struck between the state and defense, Joshua Vining's 21-year-old brother, Jarrett Vining, was sentenced to 18 months in prison for a 2022 drive-by shooting in Ocala.
Authorities said Joshua Vining also was in the vehicle when that shooting occurred, along with two other co-defendants. No one was injured.
A little more than three weeks before the drive-by, police say, Joshua Vining was involved in another shooting. This one was deadly.
In that case, Joshua Vining, then 17 years old, and another teen took turns wearing a bulletproof vest and firing a shot into the vest, law enforcement officials said. But instead of firing one shot, Vining fired several shots, and one of them hit the other boy in an area not protected by the vest.
That teen, Christopher Broad, 16, died from that gunshot wound.
On April 29, local defense lawyer James Tarquin asked Circuit Judge Peter Brigham to sentence his client, now 19, as a youthful offender and consider a downward sentencing departure. Tarquin called the fatal shooting "a very tragic situation." He said both Vining and the victim were doing something stupid and there was no intent to hurt or kill anyone. He said the victim was a willing participant.
Assistant State Attorney Janine Nixon told the judge Vining has shown no remorse for the fatal shooting. The prosecutor said Vining lied about what happened, blamed someone else and, when released on bond for the shooting, was in the vehicle for the drive-by shooting.
Labeling the case "extraordinary," she urged the judge not to entertain Tarquin's defense. The defense called the drive-by shooting a case of "wrong place, wrong time."
Judge Brigham took a five-minute break to review documents presented to him. When he returned, he noted that the Department of Juvenile Justice did not have a program for Vining. The judge said the victim in the fatal shooting may have consented to one shot, but not the four shots fired by Vining. He said if only one shot had been fired, maybe they would not be in the courtroom.
As for the drive-by shooting: The judge dismissed the notion of "wrong place, wrong time."
He sentenced Vining to serve a five-year prison sentence for a charge of carrying a concealed weapon and a 25-year term for manslaughter with a firearm. The sentences are to run concurrently. He also was sentenced to five years of probation.
Vining has 714 days of credit for time already served on the weapons offense and 716 days for the manslaughter charge.
When the judge announced his decision, there was a loud gasp from someone in the audience. The judge told Vining he cannot have any contact with the victim's family.
Vining and his family makes plea
In January, Vining entered a no contest plea with no sentencing agreement from the state. Sentencing was left up to the judge.
Vining, his parents and others asked the judge to sentence Vining as a youthful offender and to consider a downward departure from state sentencing guidelines.
When it was his time to speak, Vining apologized for his actions and said he regrets what he did. He said Christopher was a part of his family and he misses him. Vining said he wants to go to college, earn a degree and make amends.
He begged for forgiveness and said he's sorry for what happened.
Vining's father told the court it was boys doing stupid things and his son is a wonderful, smart young man who has so much potential.
Vining's uncle described his nephew as a hard worker. His mother said she doesn't want to see her son in prison and would like to see him learn a trade so he could move on with his life.
The victim's family asks for justice
The victim's stepfather spoke at the hearing. He said he will never get to see his stepson again, and he doesn't get to move on.
The teen's aunt said she would never believe Vining is remorseful and the family wants justice.
Nixon interviewed Sgt. Thomas Tingue of the Marion County Sheriff's Office, who was nearby when he heard the shots in the fatal shooting. Tingue went to the mobile home because he saw two people get into a vehicle that drove away. The supervisor said the scene was chaotic when he arrived.
Sgt. Michael Miley of the Belleview Police Department, who investigated the bulletproof vest shooting, also took the stand for the state.
Sgt. Brandon Sirolli of the Ocala Police Department testified about the drive-by shooting.
Teen's shooting: Belleview Police: Boy, 16, was fatally shot when he and friend tested bulletproof vest
A licensed counselor testified for the defense. He said Vining attended and completed a juvenile diversionary program and was in counseling. He said Vining was kind, considerate and respectful.
Cross-examined by Nixon, the counselor said Vining had been expelled from every school he attended because of fighting or drugs. The counselor told the court that if Vining is put in the right environment, he could succeed.
Contact Austin L. Miller at austin.miller@starbanner.com
This article originally appeared on Ocala Star-Banner: Man will serve 25-year prison term for two shootings, one of them fatal
