LUFKIN, TX (KTRE) - One of three people arrested in connection to ashooting incident that occurred on Winston Ranch Road in January 2013 accepteda plea bargain deal of 10 years deferred adjudication Wednesday morning.
Benjamin Bogany Jr. appeared in Judge Paul White's159th Judicial District Court for a plea hearing Wednesday.
"He has stayed out of trouble," said James Mamalis,an assistant prosecutor for Angelina County. "We could not discern who shotfirst."
Basically, deferred adjudication is very similar toprobation. The only difference is that if Bogany manages to stay out of troublefor the entire 10 year period, the felony aggravated assault charges will bedropped from his criminal record.
Bogany will also have to pay a $1,000 fine.
According to a previous East Texas News story,Bogany and Destini Williams, 26, of Lufkin, were traveling down Winston RanchRoad in a Honda when they confronted Andrew Jackson Netherton III about somestolen items. At the time, Netherton was driving a Nissan pickup.
The couple chased Netherton, and both vehicles wrecked. Lt. Charles Lawrencewith the Angelina County Sheriff's Office said it appeared that Bogany startedshooting first, and Netherton returned fire. No one was hit by the gun fire.
A witness told ACSO deputies that Williams jumped out of the vehicle andtried to bury some drugs. According to a previous story, Williams seemedshocked that she was getting arrested.
All three people were arrested at the scene. Bogany was charged with aggravatedassault with a deadly weapon, and Williams was charged with aggravated assaultand tampering with evidence. Netherton was charged with felony possession of afirearm.
Back in July, Williams accepted a plea bargain of 10years probation. In exchange for the bargain, she pleaded guilty to charges of aggravatedassault and tampering with evidence. She received a sentence 10 years probationfor each charge, but she will be serving the terms concurrently.