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Man convicted of threat to kill children, their mom

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A Spotsylvania County man faces up to 15 years in prison after a domestic incident in which he threatened to kill his three children and their mother.

Nicolas Baker, 25, was convicted Monday in Spotsylvania Circuit Court of possession of a firearm by a convicted felon, possession of ammunition as a convicted felon, and domestic assault and battery upon a family member—third offense.

Judge Joseph J. Ellis remanded Baker to jail and scheduled a sentencing hearing for Nov. 18.

Deputy John Durbin responded to a home on Flippo Drive on Feb. 18 on a domestic violence 911 call.

Evidence presented at court showed that the victim told police that she and Baker had an argument and he hit her in the head with a shoe and threatened to physically throw their young baby out of the mobile home. She told police that he also threatened to shoot her and their children if she called police. The 911 call was eventually made by Baker’s brother.

A search of the residence revealed a rifle and two shotguns, which were unlawful for Baker to have since he has a criminal record for a prior felony domestic assault.

Baker fled the home before police arrived, but was later apprehended by Durbin and interrogated. During questioning, Baker admitted that he obtained the guns from a friend to protect the victim while he was at work. He denied assaulting the victim, but did admit to threatening to kill her and the children during an argument.

Baker, who was represented by defense attorney Robert Hyman, had witnesses testify on his behalf that said he lived with them in Stafford and that they gave Baker the three guns for his protection.

Judge Ellis found their testimony not to be credible because Baker was apprehended fleeing from the house on Flippo Drive, which he also listed as his home at the magistrate’s office.

Baker is facing a five-year minimum on the firearm conviction plus up to five more years on each of the other two felony convictions.

Assistant Commonwealth’s Attorney Ryan Meheffey prosecuted the case.

Portsia Smith: 540/374-5419

psmith@fredericksburg.com

 

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