The 34-year-old man who is a suspect in an Aug. 9 shooting in Lenox has been released and is under house arrest with a GPS monitor following a dangerousness hearing at Southern Berkshire District Court.

According to The Berkshire Eagle Judge William A. Rota allowed Daniel Sheehan, 34, of Crystal Street in Lenox Dale to be released from custody with terms surrounding his house arrest that is slated to continue until Oct. 8.

Originally Sheehan was held on charges of assault with a firearm with the intent to murder, and assault and battery by discharging a firearm at the Berkshire County House of Correction on $250,000 cash bail until Monday's hearing.

However, after Monday's hearing Rota allowed Sheehan to return home wearing the GPS monitor and is even allowed to leave his home to go to his job as a machinist.  The judge did order him to stay away completely from alcohol, marijuana or any other drug, unless legally prescribed by a physician. In addition, Sheehan is to have no contact with the victim, and to stay 100 yards away from his home.

The victim in the shooting, Rashard Garnett of West Street, Pittsfield, was treated at Berkshire Medical Center for a broken rib and collapsed lung until his release five days later.

According to The Eagle:

Berkshire County Assistant DA David Pixley, arguing for a dangerousness finding and continued detention, submitted a report indicating Sheehan sought a ride home with Garnett, whom he did not know. After Garnett declined, Pixley cited evidence, including snapshots from a video, that Sheehan fired four or five shots as the victim sat in his car. Pixley stated that Sheehan was intoxicated at the time, that the charges were serious but acknowledged the suspect had no previous criminal record.

Representing Sheehan, defense attorney Dean Manuel advocated for a conditional release, pointing out that Sheehan is a lifelong resident the Berkshires, owns a home, has close family ties in the community, would retain his job if released and "has lived a law-abiding life," including service as a volunteer firefighter at the Lenox Dale station where he earned certificates of commendation.

Rota described the incident as a bizarre, serious case, and a random, dangerous encounter fueled by intoxication, but noted the defendant's lack of a prior record. He commented that the shooting was "not an act of vengeance or passion.

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