Authorities: Modesto man pistol-whipped the victim, then the gun fired

A judge has sentenced a 39-year-old Modesto man to six years and eight months in prison for pistol-whipping a man, inadvertently shooting the victim's windshield.

Patrick William Smith on Monday remained in custody at the Stanislaus County Jail, where he awaits transfer to a state prison.

On Jan. 30, Superior Court Judge Dawna Reeves sentenced Smith, the Stanislaus County District Attorney's Office announced Monday in a news release.

The gun assault occurred about 11 p.m. on July 7, 2014 at a home in the 1400 block of Woodside Drive, just east of Coffee Road in north Modesto.

Smith was angry with the victim over a dispute that occurred several months earlier. Prosecutors said Smith grabbed a handgun and went to the victim’s home. Modesto police officials have said Smith intended to slash the tires of the victim's vehicle.

Smith arrived at the home and found the victim sitting in the vehicle. An argument between the two men ensued. Prosecutors said Smith then shot the front left tire of the victim’s vehicle, before leaning into the vehicle through an open driver's window.

Police officials have said Smith hit the man's face with the gun, and the weapon fired. The bullet didn't hit the victim.

The bullet hit the vehicle's back windshield, according to prosecutors. The victim suffered a gash to his face and four teeth knocked out. Police arrested Smith, who was later formally charge by prosecutors.

After a four-day trial, jury on Dec. 8 found Smith guilty of assault with a firearm and negligent discharge of a firearm.

Court records indicate the jury acquitted Smith on charges of making criminal threats and preventing or dissuading a witness, along with an acquittal on a second count of assault with a firearm.

Prosecutors said Smith's convictions are considered “strikes” under the state's “Three Strikes” law, which may be used to increase a sentence if Smith was convicted again after his prison release.

This story was originally published February 5, 2018 at 3:40 PM with the headline "Authorities: Modesto man pistol-whipped the victim, then the gun fired."