EPHRATA — Prosecutors dropped the attempted murder charge for the driver of a truck involved in a July gang-related shooting.

Erik C. Olivares, 22, Moses Lake, pleaded guilty to assault in the second degree in Grant County Superior Court.

Charges of attempted murder in the first degree and drive-by shooting were dropped as part of a plea agreement.

Grant County Superior Court Judge John Antosz sentenced the man to eight months in jail, after prosecutors recommended a seven month jail term, according to court records. The sentencing range for the crime was three to nine months.

“Olivares was originally charged as an accomplice to attempted murder … for his involvement as the driver, not the shooter,” Prosecutor Angus Lee stated. “After a review of all applicable statutes and case law, it was determined that RCW 9A.32.030(1)(b) is one of the few crimes in Washington that can not be charged as an attempt, so we amended the charges to assault second to secure a strike under the habitual offender law.”

People spotted a black Dodge pickup truck leaving the area of a Washington Street residence, where windows were broken on a parked vehicle, according to a Moses Lake police report.

Neighbor Sherrie Jeff, 22, Moses Lake, was walking toward the damaged vehicle, when the truck returned to the area. The pickup’s front passenger, identified as Saul Olivares, 20, Moses Lake, allegedly fired four to six shots towards the vehicle and Jeff. One of the shots grazed her face, according to the police report.

Jeff is not a gang member nor the target of the attack.

A police officer responding to the incident spotted the Dodge driving on the wrong side of Central Avenue. After following it, the officer stopped the vehicle, according to the police report.

The six people in the truck got out and started walking toward a house, when the officer ordered them to lie on the ground. A patrol car video camera reportedly filmed Saul Olivares getting out of the passenger’s side of the truck, taking off a pair of gloves and sticking something in his pants, according to the police report. Police found a gun a short distance from where the truck was stopped.

All the people in the truck were either gang members or affiliated with gangs, according to Moses Lake police.

Erik Olivares admitted to police he drove the truck, but denied firing the shots, according to the police report.

Saul Olivares allegedly admitted shooting the gun, stating he wanted revenge on a rival gang. He reportedly believed the people living at the Washington Street residence were connected to a gang responsible for an alleged earlier drive-by shooting, where his brother was present, and a fight he had had with two gang members in front of a store in Moses Lake.

He reportedly told police he wanted to intimidate one of the gang members and aimed the gun high, shooting two shots at the people and two shots into the air, before his brother drove them away from Washington Street.

Saul Olivares is still facing charges of attempted first degree murder, drive-by shooting, riot and unlawful possession of a firearm in the second degree.