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Man gets jail term for shooting uncle

A former Carbon County resident, now residing in Tamaqua, was sentenced to a county prison term on Monday for shooting his uncle at his residence in Jim Thorpe.

James W. Freiling, 28, was sentenced by Senior Judge Richard W. Webb to serve one day less 12 months to one day less 24 months on a charge of aggravated assault and to five years probation on a charge of possession of an instrument of crime. The terms run consecutively. Freiling previously pleaded guilty to the charges.Freiling was arrested by Jim Thorpe police on June 16, 2009, for shooting his uncle, David Freiling, at his residence along South Street.Police were dispatched to the home by the county communications center for a reported shooting. Upon arrival officers were met at the front door by David Freiling who was complaining of a gunshot wound to his lower right back, just above the waistline. He was later flown to St. Luke's Hospital, Fountain Hill. He was shot with a 9 mm handgun, according to investigating officer Chief Joseph Schatz.The victim was hospitalized for a lengthy time. Webb noted that medical bills for treatment received totaled near $1 million.Defense Atty. George Dydynsky told Webb that alcohol was not involved by his client but claimed the victim was intoxicated at the time. He claimed that the victim was a problem when drunk and was causing a problem in the home the day of the shooting. He said his client drew the gun to stop his uncle from being abusive.Dydynsky said it was a very poor judgment by his client to take such action considering the condition the victim was in at the time.Freiling's mother told Webb, "This was a horrible accident." She also said David Freiling has forgiven his nephew for what happened.Freiling told the court, "I am extremely remorseful for what I did. I want to try and get this behind me."Webb said he would take into consideration that Freiling had no prior criminal record. He added the court could not overlook the seriousness of what happened.Webb also ordered Freiling to supply a DNA sample and pay the $250 fee, get a mental health evaluation and follow any recommendation for treatment, and gave him credit for 168 days spent in jail on the charges. He must also pay court costs and a $50 per month supervsion fee while on parole and probation.He will begin the jail term at 7 p.m. on Monday, April 25.