CLEARFIELD – A DuBois man convicted of robbing a woman in a Burger King parking lot was back in court Monday.
In Sept. Richard William Smeal, 60, was sentenced by President Judge Fredric J. Ammerman to serve 41 months less three days to 12 years in state prison for two counts of robbery, misdemeanor counts of theft by unlawful taking, receiving stolen property, terroristic threats, and simple assault.
On Monday, he was re-sentenced because a post sentence motion was filed arguing that the charges other than robbery, should merge for sentencing purposes instead of having additional state prison time. This was granted.
Smeal appeared through the video conference system from state prison and addressed the court before the new sentence was read. He admitted he made “a lot of mistakes” and did not “make the best choices.” He stated that he does feel remorse.
Ammerman stated that originally he sentenced Smeal at the top of the standard sentencing range for robbery, but decided not to include a higher sentence for Smeal using a deadly weapon during the crime because it was not an actual gun. He said he was going to do the same thing in the new sentence.
Ammerman gave Smeal whom he called a lifelong criminal, a state prison term of 22 months to eight years.
The charges stem from an incident in the parking lot of the DuBois Burger King in the early morning hours of June 11, 2024.
According to testimony at the trial, the victim had just closed the restaurant when she walked to her car with the deposit in her purse. She could not get completely in her car before a masked man put “a gun in her face.” As she was being assaulted, she screamed which brought two different cars of people to help her.
One of the vehicles drove around, spotted the suspect’s vehicle, and followed it until it entered a hotel parking lot. The two women inside the vehicle called 911 and were advised not to approach the possible get away car. They waited until police were on the scene.
Several police cars searched the area with one of them getting close enough to get the car’s license plate number which led to Smeal.
The victim’s testimony included the fact that she no longer works at the business because the management was going to demote her due to her refusing to work the closing shift again.
Prior to the original sentencing, the victim addressed the court saying not only did she have to get a new job, she is going to therapy and is on medication.
He took more than money from her, she said. He took her “confidence”.
She referred to Smeal’s reluctance to show remorse. She stated that he wasn’t sorry for what he did but was only sorry that he got caught.
In Sept. Smeal pleaded guilty in two other cases.
For felony receiving stolen property, he was sentenced to serve six months to three years in state prison. This period of incarceration will run consecutive to the first sentence.
For misdemeanor resisting arrest, he was given a concurrent period of one month to two years in prison.
Also, Smeal was sentenced for violating his probation on a previous fleeing or attempting to elude police charge. For this he received an added period of 12 months to three years in state prison.
For more information on the trial, click here.
