[BBL2014] Man sent to prison for dispute over a can of beer

Link: http://www.postbulletin.com/newsmanager/templates/localnews_story.asp?z=2&a=444073

Fact: A Rochester man, Boonchom Soom Duangvela aged 29 was accused of robbing and assaulting another man over a can of beer. The accused on September 26 2009, was approached by the police prior to a complaint about two men fighting at an intersection in southeast Rochester. In response, Duangvela put down a can of beer when police spoke to him and walked away, ignored the police’s order to stop, ran but was caught by officers who subdued him with 3 shots of electric shock. Officers found a loaded .22-caliber revolver in his pants pocket.
The victim, a 58 year old man reported that he went to the park with a 12-pack of beer to meet a friend but was approached by the accused.
“He said Duangvela kept asking for beer and cigarettes. He said he started walking home and was followed by Duangvela, who put a gun to his ribs and said he wanted a beer, the complaint said. There was a scuffle, the complaint said, and Duangvela apologized, took a beer and walked away.”

Held: Duangvela pleaded guilty on Feb. 8 to a felony charge of illegally being in possession of a pistol or assault weapon and a misdemeanor charge of fleeing a peace officer. Under that agreement, charges of first-degree aggravated robbery and second-degree assault with a dangerous weapon, both felonies, were dismissed. A gross misdemeanor charge of obstructing the legal process also was dismissed. Judge Jodi Williamson sentenced him Thursday to 60 months prison on the felony, with credit for 174 days served in jail. He also is to pay fines and court fees totaling $135.