Man gets 3-year prison term + 5 years of probation for shooting man in home in Springfield

SPRINGFIELD, Mo. -- Brian Podzielinski, 22, of Springfield was sentenced on Thursday for shooting K.H. on June 7, 2011, at K.H.’s home at 945 E. Loren St. in Springfield.  Podzielinski and another individual broke into K.H.’s home, pepper sprayed K.H., held K.H. at gunpoint and demanded a safe.  Podzielinski then shot K.H. in the abdomen before fleeing.

Podzielinski was charged the next day with first-degree assault, armed criminal action and unlawful use of a weapon.  He pleaded guilty to all three charges last May.  The plea was not the result of an agreement with prosecutors.

First-degree assault carries a prison sentence of 10 to 30 years (life).  It is also a dangerous
felony under Missouri law, so Podzielinski would have to serve 85 percent of any prison sentence before becoming eligible for parole.  Armed criminal action is punishable by a minimum of three years in prison.  In addition, Podzielinski cannot be granted probation, and parole cannot be granted until he serves at least three years in prison.  Unlawful use of a weapon is punishable by up to one year in the Greene County Jail, two to four years in state prison and/or a fine up to $5,000.

At the sentencing hearing, prosecutors recommended prison sentences of 15 years for first-degree assault, four years for unlawful use of a weapon, and 15 years for armed criminal action.  They opposed probation.  Podzielinski’s attorney asked for the minimum of three years in prison for armed criminal action bit asled for probation on the other charges.