PREVIOUSLY:

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A former correctional officer who admitted months ago to trying to murder a patron at Central Station bar in McKinleyville may withdraw his plea of guilty.

O’Brien.

Timothy Sean O’Brien of Eureka was scheduled for sentencing Tuesday morning before Judge Kelly Neel, with the possibility of a prison sentence of up to 10 years. But O’Brien now says that when he agreed to the plea bargain he believed he had a chance for probation.

“I don’t understand,” O’Brien told the judge, saying he would like more time to discuss his options with defense attorney, Kathleen Bryson. Bryson acknowledged she had not been able to spend as much time on the case as she liked, suggesting O’Brien might want to file a motion claiming ineffective assistance of counsel.

O’Brien allegedly walked into Central Station on Sept. 27 and shot Ethan S. Jacobs with a .38-caliber Smith and Wesson. Other bar patrons then attacked O’Brien, who was also shot. He was flown out of the area for treatment and at one point was in critical condition.

Jacobs recovered from his injuries.

Neel informed O’Brien that “People who shoot people don’t get probation.”

She also warned him that if he withdraws his guilty plea the case will go back to square one and he will face charges that could put him in prison for life.

He originally was charged with attempted murder and use of a firearm. In March he pleaded guilty to attempted murder and a less-serious weapons allegation.

“It’s five months later,” Neel told O’Brien. “I’ll give you a week.”

So Bryson and O’Neil have a few days to decide whether he wants to file a motion to withdraw the plea.

Although the sentencing was postponed and probation is probably not in the cards, Bryson argued that O’Brien has no criminal history and suffers from a medical condition that affects his brain. She also pointed out that DUI drivers who kill people are sometimes put on probation.

“No one died,” Bryson said. She also noted the victim didn’t show up for the sentencing.

If Bryson does decide to file a motion to withdraw the plea, it must be filed by Friday.

The next court date is Sept. 1.

Deputy District Attorney Roger Rees told the judge he sees no grounds for O’Brien withdrawing his plea, but Bryson is free to argue for probation.

Because O’Brien, 56, is a former correctional officer he is separated from the jail’s general population. He is no longer in a wheelchair, as he was at his first court appearance.

He was fired from his jail job in 2013 after assaulting an inmate.