This man assaulted an elderly man, will he be prosecuted under the same law as the "Walmart incident"? I only ask because I am curious, I have no ulterior motive.
Rochester man arrested in alleged road rage incident in Bergen
Submitted by Howard Owens on November 14, 2012 - 6:31pm
A 37-year-old Rochester man has been arrested by State Police in connection with an alleged road rage incident in Bergen on Friday.
Duane L. Paquine is charged with criminal tampering and harassment.
Paquine is accused of pushing down a 70-year-old man in the parking lot of Bergen Town Hall and of removing the distributor cap and a spark plug wire from the engine of the man's car.
According to Trooper Jeffrey Bebak, public information officer for the State Police, Troop A, the victim was driving when a white pickup truck started tailgating his vehicle. The man said he sped up to try and get away from the truck, but so did the white truck.
The man went to the Bergen Town Hall and so did a white truck and a maroon truck that had allegedly been part of the situation on the roadway.
The driver of the maroon truck, identified as Paquine, got out of his vehicle (while the driver of the white truck stayed in his) and told the man, "You can't speed like that on my road," according to Bebak.
Paquine then allegedly pushed the 70-year-old man down. The man stood up and entered the Town Hall to call police.
While the man was in the building Paquine allegedly removed the distributor cap and wire.
Paquine was released on an appearance ticket.
He was charged with criminal tampering and harassment, NOT assault.....so the answer is most likely NO!!!
Though the article does not state it specifically, no doubt the Harassment charge is 2nd degree Harassment, which is a violation no different than a traffic violation. Likely, that will be dropped as part of a plea bargain between this guy's attorney and the D.A.s office, leaving only the tampering charge.
Had he assaulted, and caused injuries to, the elderly man, he would have faced the same charges as the Simmons woman did.
While this is in no way acceptable behavior, it's sort of funny and a unique way to prevent speeding...well, driving, for that matter.
It's just a shame that the guy didn't go after the tailgater instead of the elderly man.