Jarred Dubois beaten in the Fresno County Jail

FRESNO, Calif.

The Department of Justice arrested Jarred Dubois Friday and he can't bail out for now. But Dubois' attorney says there's an innocent explanation.

Jarred Dubois' life went into upheaval in May when his 2-year-old son grabbed a loaded handgun from under a bed. The boy shot and killed Dubois' 6-year-old stepdaughter, Emily Lavender.

Dubois was held responsible for making a loaded weapon accessible to the five children in the home. But at his sentencing in August, a judge gave Dubois a second chance -- granting him probation, but laying out very strict ground rules.

Dubois was banned from owning weapons of any kind, and no ammunition either. Less than two months later, probation and Department of Justice agents found the former gun enthusiast in violation of the judge's order.

"As I understand, some live rounds were also found," said Dubois' attorney, Mark Coleman. "They found an Airsoft gun, which is a toy -- it shoots a soft plastic projectile -- and I think they also found some rubber training guns."

Coleman says his client had no real weapons, and didn't know the ammunition was in the house. He says the family had started leaving the bad memories of Emily's death behind, but this arrest is taking them right back to the worst moment of their lives.

"They had moved into another house, or they were in the process of moving into another house," he said. "Things were going good. Now, this has reopened all the old wounds."

For Dubois, the situation got even worse after Action News broke the story that he'd been booked into jail.

"An hour later, he's asleep in his bunk and gets beaten," Coleman said. "They break his cheek. They black his eye. They cause a concussion."

The Fresno County Sheriff's Office says Dubois suffered cuts and bruises. They say he's back in his cell now, and refuses to identify his attacker.

Dubois will have a violation of probation hearing later this week.

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