A man who fired a gun on University Hill in 2022 before being shot by police, accepted a plea deal on Friday and was sentenced to two years in prison and eight years of community corrections.

Zakiyy Lucas, 24, pleaded guilty to first-degree attempted murder-extreme indifference; disorderly conduct – discharging a firearm; and possession of a defaced firearm.

On the attempted murder charge, Lucas received eight years in community corrections and two 364-day jail terms on the disorderly conduct and possession charges. All sentences will run consecutively. He also received 40 days of credit for time served on his community corrections sentence. All other charges were dismissed.

Assistant District Attorney Ken Kupfner said at the start of the case that he didn’t see how Lucas would get less than a decade in prison. Kupfner said Lucas refused every program offered at the prison and had several disciplinary actions because of his behavior.

However, when defense attorney Valerie Cole took over the case, she asked for additional time to provide other mitigating evidence. Kupfner agreed, but said he was unlikely to change his mind.

But Cole traveled to Lucas’ hometown, talked to his childhood friends, family members and created a video that highlights the struggles Lucas has endured throughout his life. District Judge Dea Lindsey said she had only seen such extensive mitigation work in capital and murder cases.

“I had to admit I was wrong, Ms. Cole offered me a mitigation package that was compelling,” Kupfner said. “That mitigation package is the main reason we’re sitting here, and I’m not arguing about sending him to prison for a decade.”

Kupfner said it’s far from the norm to give someone community corrections and prison time for attempted murder, but he doesn’t think sending Lucas to prison would have made the situation any better.

“He’s got a lot of work to do, but he’s recognized that and started doing that work,” Kupfner said.

He added: “I hope to see him in a few years in an incredibly successful place.”

Throughout his sentencing Friday morning, Lucas’ loved ones cried, laughed and smiled at Lucas, as many people took the stand to speak about him. NAACP representative Darren O’Connor, Lucas’ mother, and his former boxing coach Carrie Barry spoke on his behalf.

O’Connor referred to another case where a the man was sentenced to 180 days in jail with two years of probation for a shooting and said Lucas’ charges were less severe, but argued that Lucas faces a longer sentence because he is a young black man.

Lindsey also talked about how Lucas’ identity as a black man has impacted his life and will continue to. She pointed out that about 1 percent of Boulder County’s population is black and one in three black men end up in prison in the US.

“I don’t like it. I don’t like it. I can’t tell you how much I hate it,” Lindsey said of US incarceration rates for black men.

Lindsey added that Boulder County can be “very isolating” for people of color.

“That’s why you have to work harder… That doesn’t mean you can’t overcome, it just means you have to be relentless. You have to be consistent. You have to believe in who you are, which is greatness. You are a king,” Lindsey said.

Lindsey stated that this was a case of self-defense and agreed with Barry that Lucas was scared during the shooting.

During her deposition, Barry recalled hearing that when Lucas was in kindergarten, his principal told him he would be nothing but a jailbird like his father. While his principal was confronted, Barry said Lucas didn’t get the comfort and support he deserved at the time.

“I would have been there for him at that point. He was meant to have so much greatness in his heart,” Barry said. “When you hear that at 5 years old, those things stick with you. Hearing that, that sticks over and over again.”

Barry said that when Lucas is looking for a job, she would be willing to take a pay cut to hire him at her gym, The Corner Boxing Club.

“I think he can be the heart of his community if they’re willing to give him a chance,” Cole said.

Lucas thanked everyone who helped him before you handed down the sentence.

“Many nights spent in my cell thinking I won’t see my family and the people I love for a while… Thank you. I would like to apologize to the community, anyone I may have scared or just affected. I apologize, but thank you,” Lucas said.

According to an arrest affidavit, police were investigating a nuisance call on University Hill on Oct. 2, 2022, when they heard a witness call 911 about a large argument nearby that may have involved firearms.

A video of the fight showed a man on the ground, wearing a dark shirt and khaki pants, being punched and kicked by two other men. Video footage later showed one of the men yelling at Lucas. The two then began exchanging punches when Lucas entered a yellow vehicle parked nearby and returned with a shotgun, the affidavit states.

A responding Boulder police officer, Eric Stephens, saw Lucas pull his gun, prompting Stephens to shoot Lucas.

According to the body camera footage, Lucas then dropped the gun and started running before Stephens told him to stop. While officers were arresting Lucas, police believed another fired four shots in their direction, based on a witness’ description and where the shots came from.

One person was initially arrested in addition to Lucas, but charges were dropped after video evidence showed he was not the shooter.