Judge gives Cedar Rapids man probation for drugs and threatening roommate

A Cedar Rapids man, convicted of drug and harassment charges after threatening his roommate and firing a gun, received a suspended sentence and three years probation Tuesday in Linn County District Court.  

Derek Bekeris, 31, was originally charged with attempted murder after sending threatening text messages to his roommate, Grady Daniels Jr., and firing a gun six times. A plea agreement was made for lesser charges after a surveillance video showed he only fired shots into the ground, not at Bekeris.

Bekeris pleaded in May to felony manufacturing marijuana and inference with official acts and first-degree harassment, both misdemeanors. The original attempted murder charge was dismissed Tuesday, as part of the plea agreement.

Sixth Judicial District Judge Sean McPartland sentenced Bekeris to five years in prison but suspended the term and gave him three years probation, as set out in the plea agreement. McPartland also ordered a no contact order for the victim, which prevents Bekeris from having contact with Daniels for five years.  

Bekeris, who had a permit to carry, chased Daniels out of the house after sending threatening texts and witnesses reported he fired a gun six times at Daniels, according to the criminal complaint. After further investigation, however, police reviewed a surveillance video of the incident which showed Bekeris only fired shots into the ground and then he threw the gun at Daniels, who was already out of reach.    

First Assistant Linn County Attorney Nick Maybanks said Tuesday he wanted to ensure Bekeris couldn't have a gun permit or firearm again. Bekeris permit to carry was suspended after being charged. 

Linn County Sheriff's Maj. John Godar said after Bekeris permit was suspended and confiscated after being charged. Godar also said the suspension would be indefinite, unless he obtains a pardon or restoration of citizenship someday.

Bekeris, who was discharged from the military according to his gun permit application, was allowed as part of the plea agreement to receive treatment at the Veteran's Administration Hospital in Iowa City, pending sentencing.

The defense said Bekeris successfully completed the treatment, which McPartland took into consideration for sentencing. 

Maybanks said Bekeris, also as part of the plea agreement, agreed not to ask for a deferred sentence, and federal prosecutors, who considered gun charges against Bekeris, decided not to go forward if he agreed to the terms in this plea.   

Bekeris told the judge during the hearing that his girlfriend was expecting their baby next month and he realized he had a problem and needed help when he ended up in jail on these charges.

Representatives from the VA Hospital, along with his girlfriend, were in court Tuesday to support him.

According to the criminal complaint, Bekeris denied he was using or in possession of drugs but during a search of his home police found several marijuana plants and items for a 'grow operation,' as well as other firearms.

Bekeris refused to obey officers' commands, physically resisted arrest and had to be forcibly taken into custody, the complaint shows. Bekeris then made several threats to arresting officers and their families, and made comments about the Oregon standoff involving militia members, Democratic presidential candidate Hillary Clinton, and being a 'pot' user.