Iraq vet gets house arrest in theater shooting

PHILADELPHIA - March 2, 2011

James Cialella will spend up to 23 months under house arrest and will also spend five years on probation.

Cialella pled guilty in November to aggravated assault and other charges after admitting that he shot Woffard Lomax Jr. in the arm during a showing of "The Curious Case of Benjamin Button" at a South Philadelphia movie theater on Christmas, 2008.

Lomax had testified during a preliminary hearing that he was scuffling with another man over the noise complaint when Cialella threw popcorn at him before he pulled a gun and fired.

Cialella's attorney disputed that claim, saying his client believed he was firing in self-defense after going to break up the fight.

Defense attorney Gregory Pagano says Cialella's handgun was properly registered in North Carolina, where he had been stationed in the Army.

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