Man to serve 2 weekends for road rage that left victim 'very critical'

MUSKEGON COUNTY, MI - A motorist originally charged with felony assault for a road rage incident that occurred while his young daughters were in his car will spend two weekends in jail on reduced misdemeanor charges.

Bernard Ernest Boelkins, 38, was sentenced Thursday to three months in jail for the incident in a Norton Shores neighborhood that initially left the victim on a ventilator and in "very critical condition."

Muskegon County Circuit Judge Annette Smedley suspended most of Boelkins' sentence, other than the next two weekends that he is to spend in the Muskegon County Jail. He also was sentenced to 30 days of community service and 12 months of probation.

Authorities said the victim, who was Boelkins' neighbor at the time, was knocked unconscious. Smedley noted that another neighbor who witnessed the altercation estimated Boelkins struck the victim eight to 10 times in the head.

Boelkins was sentenced for two misdemeanors: aggravated assault and driving while intoxicated with an occupant less than age 16.

He pleaded to the charges in November in exchange for the dismissal of a charge of assault with intent to do great bodily harm less than murder. At that time, the judge agreed to a maximum jail sentence of 6 months.

A hearing will be held later to determine restitution. The victim has requested $4,361.

Man delivers road rage knock-out punch with kids in car, cops say

He allegedly was drunk too.

A Norton Shores Police report indicated that the incident occurred in the 4700 block of Susan Street just after 11 p.m. on Sunday, Feb. 19, 2017. Boelkins told police he was driving down the street when the victim came out and began banging on Boelkins' car with a hockey stick, shattering a taillight.

The officer noted that Boelkins, who broke his hand during the altercation, changed his story several times about what led up to the altercation. He had his 1- and 3-year-old daughters in the car, and his blood alcohol level was 0.17, according to the report. That's more than twice the legal limit to drive.

Smedley said Boelkins had been driving behind the victim, and surmised he may have been tailgating the victim or had his lights on too bright, provoking the victim. The victim, who also was drunk, backed his car into his driveway and fetched the stick, she said.

The victim was staying at his brother's home at the time of the assault, according to the police report. Following the assault, he was found bleeding from his nose and mouth with labored breathing, the police report said. He initially was "in very critical condition" and underwent brain surgery, the report said.

The judge lectured Boelkins about the chances that the altercation could have had much worse consequences.

"You made the choice at that point in time to get out of your vehicle. First mistake," Smedley said. "You don't know ... if he was on something, if he had a weapon, if he had a gun. You don't know what he would have done.

"You placed your two girls in more danger by exiting that vehicle. And that's the choice you made."

Smedley took exception to attempts by Boelkins and his attorney, Marc Curtis, to place blame on the victim. She said while the victim started the incident, Boelkins took it to the next level.

Prior to Smedley's statements, Curtis told her "If it wasn't for the victim (Boelkins) wouldn't be here. He was defending his children and himself."

And Boelkins became emotional while talking about his children and his fear of what the victim could have done with the hockey stick.

The assault occurred just houses away from Boelkins' home, and Smedley said he should have driven home and called the police. If that had occurred, it would have been the victim, and not Boelkins, who would have been in trouble, she said.

The judge was also particularly angry about Boelkins' decision to drive drunk that evening, saying that had nothing to do with anything the victim had done.

"Mr. Boelkins, I strongly suggest you think before you act next time because your actions are what got you here, not the victim, and you need to understand that," she said.