Vista

Calling the defendant “a damn fool,” a judge Monday sentenced a Vista man to two days in custody and three years of probation for possession of an illegal machine gun.

Hershi Perry Excell pleaded guilty May 13 to possessing a machine gun without a serial number. He was arrested in April in a federal undercover operation in which machine guns, plastic explosives and grenade launchers were confiscated.

Originally charged with three counts, Excell was arrested with three East County men who prosecutors say were involved in the illegal trafficking of firearms and other weapons. The three co-defendants are awaiting trial.

U.S. District Judge Gordon Thompson Jr. sentenced Excell to two days in federal custody, but the judge gave the electrician credit for two days he has already served.

As part of the conditions of probation, Thompson told Excell: “Under no circumstances are you ever to touch a gun again.”

Additionally, Excell was ordered to pay a fine of $6,000. Thompson said the government did not need the money, but “I want you to think, ‘I’m writing this check because I’m a damn fool.’ ”

Excell, who lives in the 200 block of Robelini Drive, also faces six charges in state court related to the illegal possession of weapons and explosives. A readiness conference in this case is set for Tuesday, and trial is scheduled to begin Oct. 29.