A Billings man’s plea agreement was supposed to keep him out of jail, but Judge Mary Jane Knisely sent him away anyway. 64-year-old Jose Cobos admitted to fatally shooting his friend in 2015, in exchange for a plea agreement which spared him from prison, but at his Thursday sentencing, the Yellowstone County District Court judge sentenced him to 20 years in the Montana State Prison with 10 years suspended.

KTVQ reports Cobos pleaded guilty to negligent homicide in the death of Mark Kirby. Prosecutors recommended a sentence of 15 years to the Department of Corrections with 10 suspended and veterans treatment court, but Judge Knisely said she was uncomfortable with the plea agreement and sent him to prison. Cobos shot and killed Kirby while the two were drinking. He initially said he shot his friend in self defense.

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