David Kevin Elzea faced several child abuse, domestic abuse and weapons charges, while his estranged wife, Brandy, faced child abuse charges. In a plea deal with the prosecutor, he pleaded guilty to two unlawful weapons charges and child abuse by placing a minor at risk.

During an often heated hearing last week, Monroe County Prosecuting Attorney Talley Kendrick presented a case against releasing a man who pleaded guilty in June to three felony counts.

David Kevin Elzea faced several child abuse, domestic abuse and weapons charges, while his estranged wife, Brandy, faced child abuse charges. In a plea deal with the prosecutor, he pleaded guilty to two unlawful weapons charges and child abuse by placing a minor at risk.

He received seven years on each weapons charge and four years on the child endangerment charge, a total of 18 years to be served consecutively. Brandy Elzea entered a guilty plea and was placed on probation for five years.

Under the terms of the plea agreement, David Elzea was to enter a shock incarceration program that could have him released from prison after 120 days to serve probation. However, because of what Department of Corrections officials cited as mental and physical problems, Elzea was not admitted to the program. Moreover, in a report to the court, the department recommended that Elzea be released to probation.

Because the report was mentioned in open court, the Salt River Journal requested a copy of the Corrections Department report, but the request was denied under state laws that call such documents confidential.

“The state objects,” Kendrick told 10th Presiding Judge Rachel Bringer Shepherd during a hearing on Friday morning. Elzea appeared in court via a closed-circuit broadcast from prison.

Kendrick disputed the Department of Corrections report that stated Elzea has a good relationship with his family and whether he was taking ownership of his crimes. Kendrick called Brandy Elzea and one of the Elzea children to testify, which drew an intense objection from Austin Smith, Elzea’s attorney.

Smith argued that Kendrick was trying to reopen the sentencing hearing.

“You can’t have a second bite of the apple,” he said.

Shepherd overruled his objection.

Brandy Elzea detailed an incident where she said that an intoxicated David Elzea pointed a gun at her head, and eventually fired a shot into the wall of their house.

“He followed me to the door with a gun,” she said. “I was five months pregnant with my daughter.”

Under questioning from the judge, Brandy Elzea said that David pulled a gun from a cabinet and loaded the weapon.

“It was a big gun with a big bullet,” she said.

During Brandy’s testimony, a voice from the broadcast said, “That’s a lie.” The screen was turned toward the judge, so it was not possible to accurately say who made the comment.

However, Shepherd told Elzea that the court could hear everything that was said on his end of the broadcast.

The Corrections Department document reported the David Elzea claimed the gun incident was an accident.

Later, one of the Elzea children was called to testify, again drawing an objection from Smith. The Salt River Journal is not publishing the name or sex of the minor child who testified.

Before the child was sworn in, Shepherd asked if the child knew the difference between the truth and lie. When asked to describe a lie, the child’s response was, “life with David Elzea.” Smith again objected, but the child was sworn to testify.

“There was no good relationship,” said the child, adding that there was abuse “physically, sexually and mentally.”

Smith told Shepherd that the Elzea’s family was “fractured,” but that that David Elzea should be released to probation because he had in “good faith” tried follow the terms of his plea agreement and “through no fault of his own” was unable to enroll in the program, adding that he was confident that Elzea “will be compliant with all the conditions set by this court.’ As for the gun shot incident, Smith that his client was intoxicated and “under stress and thought the safety was on…accidently pulling the trigger.”

Kendrick, though, stated in her filing that Elzea was fully aware and willfully fired the weapon.

Shepherd did not rule on Friday, saying that she needed to review the transcript of the sentencing hearing.

She promised a ruling before his scheduled release date in Nov. 4.