"The court has indicated to both counsel that it is not comfortable with it's indicated in this case, and it's going to be withdrawing it's indicated sentence," explained Judge Mark Cullers.
Kevin King is charged with killing Victor Becerra in January 2023.
His family says Becerra was holding his grandchild when a bullet pierced through the wall and hit him in this complex near Blythe Avenue and Austin Way in Fresno County.
King was living next door when investigators say he shot his gun inside, sending a single bullet flying through a shared common wall.
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His family was in court on Friday.
King was expecting to spend five years and four months in prison for the crime.
He first denied a slew of charges against him but later pleaded no contest to involuntary manslaughter and having an assault weapon as part of a plea deal.
The judge now says he's not comfortable with the terms of the deal.
Attorneys tell Action News the judge wants King to spend seven years and four months in prison.
Two more than what he first indicated.
"So, in light of that, there was a discussion with counsel," said Judge Cullers.
Defense attorney Miles Harris called the judge's decision "frustrating."
He said Becerra's death was a "tragic accident" when he says King was cleaning his gun.
Harris now plans to speak with his client and decide if they'll agree to the longer sentence, or withdraw the plea and put the case back on track for trial.
"I need an opportunity to discuss the court's current and decide how to move forward with that," said defense attorney Miles Harris.
King is now due back in court next month.
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