Hearing to consider new trial in Oakdale gun firing incident postponed

MODESTO -- A Stanislaus County Superior Court judge on Tuesday postponed a hearing until March 12 that will determine whether an Oakdale man deserves a new trial after he was convicted of firing a gun during a dispute with his neighbor.

Ralph Bradley Keith remains free on $25,000 bail until the court decides whether to grant his motion for a new trial. Judge Marie Silveira is in the middle of a murder trial, so she didn't have time Tuesday to hear any further testimony or arguments.

In October, a jury found Keith guilty of felony negligent discharge of a firearm and misdemeanor resisting arrest for failing to comply with sheriff's deputies when they responded to the report of shots fired Oct. 23, 2009. Authorities say Keith fired two shots during the dispute with Oakdale chiropractor Theodore Jasper Cummins.

The judge has granted a restraining order against Keith to stay away from Cummins and not try to communicate with him. She also ordered him not to photograph Cummins.

Keith and his family were at odds with Cummins after Cummins in 2008 bought nearly four acres of vacant land next to the Keith home on Orange Blossom Road. The shooting occurred after the men argued over a fence line.