YOUNGSTOWN, Ohio (WKBN) — A man who police said ran over the foot of another man after an argument over a minor traffic accident was sentenced Wednesday in Mahoning County Common Pleas Court to a year in prison.
Judge R. Scott Krichbaum handed down the sentence to James Koehn, 40, of Warren, who pleaded guilty to a charge of aggravated assault, a fourth degree felony.
Koehn was originally charged with felonious assault, a second degree felony after he was arrested in May when police were called to a West Side gas station on Mahoning Avenue.
Koehn’s attorney, Frank Cassese, told the judge his client had been involved in a minor traffic accident with another man and they pulled into the gas station. The man argued with Koehn, pulled a gun, and told Koehn, “People in Youngstown get buried every day,” Cassese said.
Koehn backed up and then went forward, Cassese said. The man complained his foot was run over and he was taken to a hospital, but he had no broken bones.
Cassese asked for a sentence of probation or a minimal jail sentence, saying his client was afraid for himself and his wife.
A Youngstown police report of the incident said the man who was run over claimed Koehn also had a gun. Police did not find a gun on Koehn when he was pulled over.
Assistant Prosecutor Michael Rich said the victim in the case would not cooperate with prosecutors.
Koehn said if he could do it over again, he would have never pulled into the gas station. He told the judge he was only trying to get insurance information off the man when an argument broke out.
“I wasn’t expecting the guy to turn a gun on me,” Koehn said.
Judge Krichbaum said under normal circumstances he would give Koehn probation, but he said his past convictions for assault and domestic violence made that hard to do.
“It looks like anything that goes against you, you resort to violence,” Judge Krichbaum said.
Judge Krichbaum said Koehn should have known what was going to happen because of his record.
“You’ve been down this road over and over again and you know what’s going to happen probably better than anybody else,” Judge Krichbaum said.