Richard W. Gniewkowski

A Butler man found guilty in a December jury trial of pointing a semi-automatic rifle at police during an incident in April 2017 was sentenced to state prison on Wednesday.

Richard W. Gniewkowski, 53, was sentenced to 21 to 42 months in a state correctional facility by Butler County Judge William Shaffer. He was also ordered to pay court costs.

The sentence came after much discussion regarding Gniewkowski's previous criminal history, which Shaffer determined includes several misdemeanor convictions following the review of a certified FBI criminal history. Gniewkowski's attorneys, Al Lindsay and Benjamin Levine, argued that several of those convictions do not stack up to his prior record score under Pennsylvania state law, while assistant district attorney Benjamin Simon argued that the convictions between 1982 and 1990 did compound his prior record score.

Shaffer agreed, crafting a sentence in the standard guideline range, with a deadly weapon enhancement.

Gniewkowski was found guilty of felony aggravated assault, misdemeanor simple assault and two counts of recklessly endangering another person after a one-day jury trial on Dec. 12. The jury also acquitted Gniewkowski on counts of felony aggravated assault and misdemeanor simple assault. Shaffer then found him not guilty of two summary counts of disorderly conduct.

He was initially charged with two counts each of felony aggravated assault, misdemeanor reckless endangerment, simple assault and summary disorderly conduct after an incident April 9, 2017, at his then-home on Stargrille Road, Winfield Township, where police said he held a brief standoff, aiming the weapon at state police troopers who responded to the home for a burglar alarm.

After knocking on the door of the unlit home and identifying themselves as police but getting no answer, troopers investigating the back door noticed Gniewkowski armed with what was described as an “assault rifle,” which he then pointed at the troopers, police said.

Police said the officers, in turn, drew their service pistols and screamed at Gniewkowski to put the rifle down, while again identifying themselves as law enforcement. The armed suspect responded with an expletive and kept the rifle pointed in the direction of the troopers, who retreated, taking up position around the house, police said.

A trooper eventually activated the police cruiser's emergency lights and siren, and deployed the vehicle's public address system to convince the suspect to surrender. Gniewkowski came out of the house, hands up, and was handcuffed. No shots were fired and no injuries were reported, police said.

Police said Gniewkowski was found to be “extremely impaired.”

Inside the home, police said Gniewkowski's Colt AR-15 was found, which was loaded with a magazine and had a round in the chamber.

Gniewkowski told the court that he was half asleep at the time of the incident and under medication when he went outside to see who was pounding on his door.

“I couldn't see anything, it is pitch black out there because I live in the woods,” he said.

Gniewkowski explained that the incident was a misunderstanding, as he was fearful for his life from a previous threat from his daughter, who told him she was sending people after him.

He said when police activated their lights, he was relieved.

“I said out loud 'thank God it's the police,'” he said. “I would never point a gun at a person, let alone an officer.”

Sobbing, Gniewkowski said, “I did not see them, I did not see them. I thought someone was coming to get me. This has all been one big mistake. I'm innocent. I did not know it was the police.”

He apologized saying, “I'm so sorry this happened.”

Lindsay asked for Gniewkowski's previously established $25,000 bail to continue, as the defense plans to appeal the conviction, but Shaffer ordered Gniewkowski's bail be revoked and he be committed.

“We believe our grounds for appeal are very strong,” Lindsay said. “We believe that we will be granted a new trial, as we have strong arguments for reversal of this conviction ... We believe it would be an injustice for him to go to jail and this conviction should be reversed.”

Simon argued that “the jurors have spoken” and the prosecution “couldn't disagree more” regarding the appeal arguments.