Lansford man gets state term for shooting at car
A Lansford man was sentenced in Carbon County court to a state prison term after admitting he fired a shot into a vehicle.
Daquawn Bashiri King, 33, was sentenced by President Judge Roger N. Nanovic II to serve a total of three and a half to seven years in a state correctional institution on a charge of discharge of firearm into occupied structure. He also pleaded to two counts of recklessly endangering another person and one count of tampering with evidence.
In exchange for the plea two counts each of aggravated assault and one count each of criminal homicide, criminal attempt; person not to possess firearm; and simple assault.
According to the affidavit of probable cause filed by Sgt. Shawn Nunemacher, at 1:37 p.m., on Nov. 3, 2020, Nunemacher was on duty when he was dispatched back to his station for a shooting. Yoany Gutierrez told police that King shot at him while he was in the car. Gutierrez said he came from New York to see his kids at a home in the 300 block of West Patterson Street, and that at 1:25 p.m. he was leaving the address when he encountered King.
Gutierrez said King was operating a white Mercury Mountaineer with his ex Nora Solano in the passenger seat, and King reached under his driver seat and placed something into his pants. Gutierrez said as he was driving away he witnessed King do a U-turn and speed up behind him, and that King then hit the back end of his vehicle.
King then pulled up beside Gutierrez and began threatening him. Gutierrez told King he did not want a problem and that he would go to the police. He said King replied, “You think I give a (expletive) about the police?”
Gutierrez said King pulled out a handgun and reached over Solano, who was the passenger, and that King was pointing the gun at his face. Gutierrez said he immediately hit the gas and heard a loud bang, and King then began pursuing him in the Mountaineer.
At some point, Gutierrez lost King and came to the police station.
Nunemacher checked Gutierrez’s vehicle and found a bullet hole in his back quarter panel above the tire on the driver’s side. The bullet was found in the passenger compartment area.
Several residents told police they heard a gunshot and witnessed the white SUV chasing a black car.
Police were able to recover one 9 mm shell casing in the 400 block of East Bertsch Street. Video footage obtained from nearby residences show the Mountaineer pursuing the Chrysler.
Former Police Chief Jack Soberick called Solano, who said King dropped her off in Hazleton at about 2:30 p.m. She said that King was in Freeland and she did not know anything about King shooting at Gutierrez.
Nunemacher spoke to Gutierrez’s child, who was with Gutierrez just before him leaving the home on West Patterson Street. The child said his mother, Solano, never left the Mountaineer when it U-turned and pursued his father, Yoany. The child said he witnessed King in the driver seat pursuing his father.
Later that day, King came to the station and initially denied any involvement or even being in the area of the incident. Police showed him photographs and King admitted being at the location, but said his passenger, Solano, fired the gun. King said he assisted Solano with getting out of the area and disposed of the gun in a river in Tamaqua.
Defense Attorney Paul J. Levy, chief public defender, said the plea agreement was appropriate considering the circumstances.
Assistant District Attorney Brian B. Gazo, who prosecuted the case, noted the seriousness of discharging a firearm into another vehicle while moving. He said the result could have been a lot worse. He added, “So certainly that’s not something that we can tolerate taking place in the county. I think the agreed-upon sentence is appropriate.”
In addition to the jail term Nanovic ordered King to make restitution to Gutierrez for $2,000, pay court costs of over $1,000, supply a DNA sample and get a drug and alcohol evaluation.
He was given credit for 190 days already served on the charge and began the jail term immediately.