Criminal Court Judge Tom Greenholtz said he will rule later on whether to order Michael Shavers to prison for using drugs while on probation.
The judge said he was more upset by finding that Shavers had lied on a pre-sentence report about prior drug use. Shavers on Thursday admitted he lied because he thought it might cause Judge Greenholtz to reject a generous plea deal he had received.
Shavers was given the 10-year probation sentence after testifying against Derek Morse in a triple murder in Lookout Valley. Morse was sentenced to life without parole.
Shavers got the sentence in a case in which he fired repeatedly at his former girlfriend, Ashley Harris, and Joshua Maples. Both were hit by bullets, but survived the attack.
Prosecutor Cameron Williams said the state had a good chance of convicting Shavers of attempted first-degree murder, which carries 15-25 years at 85 percent. Due to his cooperation, he was allowed to plead to attempted second-degree murder. Any time on that charge is at 30 percent before parole consideration.
Shavers went back into custody after testing for marijuana and Xanax use. He said he has been using marijuana since he was 15. He said he took a single Xanax pill. He said the drugs were supplied by his cousin.
Shavers said he wants the chance to be able to work and get his own place.
Vikki Clark of the Public Defender's Office said if Shavers goes to state prison "he will be killed" because of his testimony.
She asked that he be given a chance to work and live on his own.