A Town of Grant man was sentenced last week to 18 months in prison for firing a shotgun and hitting a mail carrier with birdshot.
According to court documents, Benjamin L. Joos, 44, of rural Tigerton, said he didn’t recognize a minivan parked at his mailbox on Sept. 24, 2024. He had his mailbox vandalized numerous times and grabbed his shotgun went to his porch and fired it attempting to scare away the person he thought was stealing his mail.
Instead, the minivan was a marked postal vehicle with a flashing amber light mounted on the roof.
The birdshot shattered the minivan’s passenger side window, hitting the female letter carrier, causing four scattered superficial abrasions to her forearms that required treatment.
Joos continued to point the gun toward the minivan and yell at the carrier after he fired it.
The carrier drove off and reported the incident. Sheriff deputies later contacted him, and Joos acknowledged firing the shotgun into the air as he didn’t see the flashing light on the van’s roof.
He admitted to drinking alcohol that day. Four hours after the incident, his blood-alcohol level was 0.178, more than twice the limit considered to be intoxicated for operating a motor vehicle.
Joos was a milk hauler for a Clintonville-based firm and has since given up drinking alcohol.
He was charged with assault and interfering with a postal carrier and pled guilty to the charge in January and was released on conditions.
At sentencing, Joos faced a maximum of 20 years in prison, but factoring in his lack of prior convictions and other factors, he faced an advisory sentence of 37-46 months in prison.
His attorney, Quinn Jolly, sought a sentence of three to four years of probation and 200 hours of community service. Jolly wrote the court that Joos is not a danger to the community, respects the law and has a good work history.
Joos expressed remorse for his actions, and as an avid hunter, the felony conviction will deprive him of gun ownership and remind him of his poor decision on Sept. 24.
U.S. District Judge William Griesbach noted Joos’ positive qualities but said the serious nature of his offense and the profound impact it had on the victim required a prison sentence.
After serving the 18 months, Joos will be on three years’ supervised release. Griesbach also ordered Joos to pay $10,124 in restitution to the victim.
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