BRENTWOOD — A former Dover man was sentenced to a year in jail for waving a loaded .45-caliber handgun and threatening a man outside of a bar in downtown Portsmouth in February of 2011.

Joseph Devirgilio, 28, was ordered to serve his 12-month sentence at the Rockingham County Jail as part of a negotiated plea deal in Rockingham County Superior Court.

Devirgilio pleaded guilty to felony criminal threatening and a count of carrying a concealed weapon without a permit.

The plea-and-sentencing hearing happened Sept. 7 before Judge N. William Delker.

County prosecutors dropped a felony reckless conduct charge in exchange for Devirgilio agreeing to plead guilty and not go to trial.

Devirgilio argued with a man on the night of Feb. 1, 2011 about a woman they were both interested in, according to police.

The men were at TJ’s, located on Daniel Street in downtown Portsmouth, around 10 p.m.

As the two argued, they headed outside to State Street, where Devirgilio pulled the handgun from his waistband and waved it in the air, according to prosecutors.

Prosecutors say Devirgilio did not point the gun at Jason Smith, but argued that his actions placed Smith in danger of being seriously injured.

Smith flagged down a police officer a short time after his encounter with Devirgilio.

Portsmouth police Officer Nicholas Small found Devirgilio on Penhallow Street with another man, who later faced a misdemeanor charge of carrying a concealed weapon without a license. Both men were arrested at the scene.

Prosecutors could have sought three to 20 years in state prison with a $4,000 fine on the criminal threatening charge had Devirgilio been convicted at trial. As part of his sentence, Devirgilio will be allowed to apply for work release, and must comply with all counseling and treatment mandated by probation officials.

jkimble@newstote.com