Man who pointed BB gun at police gets jail time
A Carbon County man, who admitted pointing a loaded BB gun at police, was sentenced to a county prison term on Tuesday.
Joseph Anthony Flammia, 21, of Albrightsville, was sentenced to serve nine to 18 months in prison followed by one year of probation.
Flammia was arrested by state polcie at Fern Ridge on Tuesday, Feb. 8, at his residence at 94 Buckhill Road in the Indian Mountain Lakes development in Penn Forest Township.
State police responded to the home after being called by security personnel of the development for a domestic dispute. Upon arrival troopers were told by security officers that Flammia was in a bedroom at the residence in the downstairs area and had a loaded BB gun.
Flammia had yelled at security to leave the area and fired several shots from the gun in their direction.
Troopers then announced their presence and Flammia yelled back at them to leave. Troopers again announced their presence and when they rounded a corner in the home they observed Flammia pointing a loaded Crossman pellet gun that resembled a real handgun in their direction. They ordered Flammia to drop the weapon and he was taken into custody.
Senior Judge Richard W. Webb told Flammia, "You're lucky. Officers have to make life and death decisions in a moment and you could have been shot."
Flammia said he made a stupid mistake and was sorry for his actions.
In addition to the jail term, which began immediately, Flammia was ordered to supply a DNA sample and pay the $250 fee, render 25 hours of community service when paroled, attend anger management counseling classes, pay a $50 per month supervision fee and court costs, and zero tolerance imposed on drug and alcohol use.
He was given credit for nine days spent in jail on the charges.
The sentence was imposed on charges of aggravated assault and two counts of simple assault to which he previously pleaded guilty.