WICHITA, Kan. (KSNW) — A man who the police accused of shooting someone with live ammunition during an Old Cowtown Museum reenactment two years ago does not have to serve any prison time unless he violates probation.

Robert Hartung Jr., 65, of Winfield, was charged with one count of aggravated battery after the shooting during a Roaring ’20s event on Sept. 18, 2020. He pleaded no contest this past September.

On Monday, a judge sentenced him to three years probation and two years post-release. The Sedgwick County District Attorney’s Office says Hartung’s underlying sentence is 32 months.

During the Roaring ’20s event at Cowtown, reenactors portraying police and bootleggers staged a shootout around 9 p.m. A 24-year-old reenactor was hit by shotgun pellets in the head, face and upper body. The victim had surgery and survived.

According to the probable cause affidavit, Hartung said he brought his own guns and two blanks for his shotgun. He said that when he showed up for the reenactment, there was no formal safety briefing, and no one checked his guns.

The affidavit said that officers searching the reenactment area found “two expended Winchester 7 1/2 shot shell husks, one shot cup from a live shotgun round, pellet damage to the trapper’s cabin the victim was standing in front of and a number of expended 12 gauge blanks.”

Police said Hartung was the cast member who was near where the Winchester hulls were found. They say he told them he fired two shots from his shotgun.

Hartung said he did not know anyone was hurt until after the shooting stopped.

Police said Hartung’s Winchester was loaded with three Winchester shells. They said they did not find any shotgun blanks on Hartung, in his car or his shotgun.

They say no other live ammunition was found except for the shells found in Hartung’s gun and truck.