Firing of assault rifle results in four years probation
By Mike Goodwin/Daily Sun staff writer
A Lincoln man who damaged a pickup truck with an AK-47 assault rifle was sentenced to 48 months probation and seven days in jail and ordered to pay restitution on Wednesday in Gage County District Court.
Judge Paul Korslund acknowledged that Colten Bowhay, 19, was not the only one at fault in the situation, but said the punishment for two counts of third degree assault was appropriate considering the gravity of the offense.
”Given the seriousness of the situation I want to make sure he is on probation for a substantial amount of time,“ Korslund said.
Bowhay pleaded no contest to the charges, which stem from an incident that occurred on Dec. 30, 2004, when Bowhay, his girlfriend and two friends were spending time at Rockford Lake State Recreation Area. As the group left the lake, two other vehicles began following them, and the chase continued at speeds reaching 80 to 100 miles per hour for 23 miles to Bowhay's parents' house near Liberty, according to testimony Wednesday by Bowhay himself and Jesse VanLaningham of Beatrice, who was driving one of the vehicles involved in the chase.
As the trucks drove past the house, Bowhay shot a deer rifle in the air. After the trucks parked some distance down the road and the occupants got out to check for damage, Bowhay drove to where the vehicles were parked with an AK-47 and fired several shots into the ground and in the air, hitting VanLaningham's truck with one bullet.
On the witness stand Wednesday, Bowhay said he was scared and that he wanted to make sure the people would leave. He took responsibility for actions he acknowledged were unwise, but also said he was not the only one who was to blame. He said he did not know any of the people who were chasing him. One of the people involved in the chase was the ex-boyfriend of the girl he was dating at the time.
”I was at fault for the shootings but I wasn't at fault for the reason they were chasing me,“ he said. If he had it to do over again, he said, he would have turned toward Beatrice and tried to find a police officer instead of turning toward Liberty.
Korslund's sentence largely followed the recommendations of a plea agreement reached earlier between the prosecution and the defense. In addition to the probation, jail time and restitution, Bowhay forfeited his right to hunt in Nebraska for one year, agreed to complete an anger management class and is not allowed to leave Gage, Lancaster or Seward counties without the permission of his probation officer.
The jail sentence will be served over Bowhay's holiday break from Southeast Community College-Milford Campus, where he is a student, and the restitution of $2,510.29 for damage to VanLaningham's truck will be paid out over the course of the probation. Bowhay was also sentenced to additional jail time that can be waived if he successfully completes the requirements of this probation.
Korslund also assigned Bowhay 100 hours of community service to be determined by the probation officer, and suggested that Bowhay might use the opportunity to talk to young people.
”Hopefully some good can come of this,“ Korslund said.