A Coeur d’Alene judge refused to reduce bail for an Athol man who was acquitted in April for shooting a man seven times but who is now in jail on theft charges accrued after he was cut loose by the jury.

Keven Custer pleaded not guilty to burglary and petit theft Thursday; his attorneys asked for $1,000 bail, which would allow him to join the inmate worker program.

But because Custer’s bail amount was set at $100,000 in a separate aggravated assault and burglary case that happened after his acquittal, Judge Fred Gibler denied the request.

Custer is accused of having drugs when he allegedly stole gasoline and an iPod and iPad from his parents’ house last summer. He is accused of breaking into the Athol home, puncturing the door with a knife and getting into a fight with his brother, who tried to kick him off the property.

“The defendant has habitually stolen from his family,” deputy prosecutor Stanley Mortensen said. “In the other case he was confronted by his brother, pulled a knife on his own brother and threatened him. It’s not just an assault case, it’s an aggravated assault case coupled with theft.”

The 27-year-old Athol man was acquitted by a jury for shooting 46-year-old Chris Gunderson seven times. Gunderson is still recovering from the gunshots.

After the two-day trial last spring, jurors deliberated 90 minutes before returning a not guilty verdict for Custer, who was on trial for aggravated battery with a deadly weapon. He shot Gunderson with a 9 mm while lying on the ground after being struck by Gunderson with a blow that knocked out one of Custer’s teeth, and cracked two others.

The jury found that Custer “had a reasonable fear of death or great bodily harm,” according to attorneys.

Gibler agreed with prosecutors that changing the bail amount would be best left to the judge in Custer’s original aggravated assault and burglary case.

“It seems to me these arguments would be better made in the other case,” Gibler said.