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Fayetteville man, 73, enters plea in road rage incident

October 30, 2007|By DON AINES

CHAMBERSBURG, Pa. - A 73-year-old Fayetteville, Pa., man charged with shooting at a vehicle - unaware at the time that his nephew was driving it - pleaded guilty Monday in Franklin County Court to aggravated assault.

Max E. Goshorn of 2124 Hafer Road faces as many as 10 years in prison on the second-degree felony conviction, Judge Richard Walsh explained to him. His sentencing is set for Nov. 28.

Goshorn was driving on Timmons Road in Fannett Township at about 3 p.m. March 8 when the shooting occurred, Pennsylvania State Police said. He told Walsh there were two vehicles behind him when another came up from behind and passed all three, forcing him to pull over.

"When he did, it made me mad and I shot at his vehicle," Goshorn told Walsh. When he pulled over, he also lost control of his vehicle, totaling his car, he told the judge.

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When police arrived, they found two bullet holes from a .45-caliber handgun in the vehicle of Clarence E. Goshorn of Chambersburg, according to the affidavit of probable cause. Clarence Goshorn was uninjured, police said.

Monday's proceeding was an "open plea," defense attorney Eric Weisbrod said, meaning it will be up to a judge to determine the sentence and whether Max Goshorn will be sent to prison or placed on probation. In many cases, the prosecution and defense agree on a recommended sentence before a plea agreement is brought before a judge.

As part of the sentence, Max Goshorn will be required to pay $1,678.92 in restitution to Clarence Goshorn, according to the plea agreement.

Weisbrod said his client, who is out on bail, has no previous criminal record. He also said Max Goshorn had no idea who was driving the vehicle when he fired the shots.

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