According to his lawyer, there was drinking involved and they were passing the gun around. Oliphant says it was accidental. But according to prosecutors, the victim alluded that he threatened to shoot her in the foot. Oliphant was also ordered to do 40 hours of community service as part of his sentence. 

21-year-old Darian Oliphant’s lawyer asked that an interview that his client made with Lima Police Department detectives be thrown out before his trial. The judge will review the video of the interview and rule if it can be used or not. Oliphant is facing one count of felonious assault with a firearm. According to court documents, the offense happened a year ago, and say that Oliphant used a gun to threaten a female. His trial was set to begin later this month but will be pushed back to give the judge time to make his decision on the interview.