GRAND RAPIDS, MI - A former Las Vegas-based FBI special agent pleaded no contest Friday, Feb. 24, to felonious assault for firing a gun at a Grand Rapids police sergeant.

Ruben Hernandez, 35, entered the plea before Grand Rapids District Judge Jeanine LaVille after waiving his right to a probable-cause hearing.

As part of the agreement, prosecutors will recommend that Hernandez avoid jail. If Kent County Circuit Judge Dennis Leiber does not abide by the agreement, Hernandez will be allowed to withdraw his plea.

Kent County Prosecutor Chris Becker said that the victim, Sgt. Neil Gomez, and Grand Rapids police officials, approved the plea agreement.

Becker considered that Hernandez had no previous criminal record or problems as an FBI agent.

Hernandez was allowed to plead no contest because he was intoxicated and reported no memory of the incident. He had a blood-alcohol level of 0.13 percent. A motorist is presumed intoxicated at 0.08 percent.

Hernandez pleaded no contest to assault with a dangerous weapon, or felonious assault, a four-year felony. Charges of assault with intent to commit great bodily harm and brandishing a firearm will be dismissed at sentencing.

Police say Hernandez brandished a firearm at Planet Fitness, 3681 28th St. SE, before he fired three shots outside at Gomez, who was responding to a call there.

Gomez, who was 30 to 35 yards away from Hernandez, was not hit. Police soon arrested Hernandez at gunpoint.

As police arrested Hernandez, they realized he was an FBI agent.

"He's got a badge," an officer says. "Federal Bureau of, he's a FBI agent."

Hernandez, who was in Grand Rapids for an undisclosed investigation, worked eight years for the FBI. He is a married father of a two.

Defense attorney Larry Willey has said that his client suffered an alcohol-fueled paranoia attack while at the gym. Hernandez could not believe that he had fired at a police officer, Willey said.

"Mr. Hernandez, and I think it's undisputed, has no recollection of the events that caused this episode," Willey told the judge.