"He didn't shoot a weapon," he said. "I can't prove he possessed a weapon."
The shooting occurred just after 2:30 a.m. on Aug. 15 as police officers Christopher Kayser and Jeffrey Shifler were on routine patrol in the 400 block of North Potomac Street.
The officers were behind a car traveling south when it pulled to the west side of North Potomac Street, and Kayser saw a handgun being pointed from the passenger side of the car, police said.
Kayser heard about six shots fired and saw the muzzle flash from the weapon, police said.
The car continued south on Potomac Street before stopping briefly at West Franklin Street, where two men got out of the back seat and fled on foot.
When police attempted to stop the car, it continued on West Franklin Street before striking a curb at the corner of West Franklin and High streets.
Michael Wayne Bernhisel Jr. and Mark Wayne Moore have been sentenced in connection with the shooting.
Caldwell was in a car traveling behind the first car. His attorney, Lewis Metzner, said his client acknowledged agreeing to go after a man, but said it was at the suggestion of Moore. Metzner said that Caldwell was not present when the gun was purchased.
Metzner argued for leniency and pleaded against the maximum of five years allowed under the plea bargain. But Washington County Circuit Court Judge Darrow Glaser distinguished Caldwell's actions from a spontaneous outburst.
"This was a deliberate, calculated plan and the court feels anything less than four years would not be appropriate," he said.