A Florida truck driver who wielded a .357 Magnum at a Texarkana truck stop in 2014 during an argument over a football game was sentenced to 30 years in an Arkansas prison Thursday.
Deputy Prosecuting Attorney Connie Mitchell told the jury the time has come for Colston's second chances to end.
"He's not in Florida anymore; he's in Arkansas. And we don't act like that in Arkansas," Mitchell said as she held the firearm up for the jury to see. "My daddy told me, 'You don't ever pull your gun on somebody unless you intend to shoot.'"
Colston, an over-the-road trucker who was passing through Miller County on a job that began in New Jersey and was supposed to end in Texas, pulled his pistol when it looked like one of the bigger truck stop patrons had enough of his comments about a football game. One customer grabbed Colston and placed him in a chokehold after he pulled the gun while another punched him in the face. Colston was missing his gun and his shirt when he left the truck stop and took refuge in his truck in the Flying J's parking lot.
Texarkana, Ark., police officers who arrived shortly after Colston walked out had no trouble identifying a shirtless Colston with a swollen and purple lip as their suspect. After running a criminal history check, Colston was charged not only with aggravated assault, but with being a felon in possession of a firearm during the commission of a felony.
The truck stop's manager held on to the .357 until officers arrived. The gun contained five live rounds and one spent casing.
Prosecuting Attorney Stephanie Black listed Colston's long list of prior felony convictions for the jury. They included numerous convictions for burglary, auto theft and dealing in stolen property. During her cross- examination, Colston mentioned that he has been twice acquitted by Florida juries for offenses similar to the one a Miller County jury found him guilty of Thursday.
Black said she is grateful for the sacrifice witnesses and jurors make.
"To have these trials, it takes jurors and witnesses away from their families. I really appreciate their time and effort in order to keep our communities safe," Black said.
The jury sentenced Colston to 15 years for aggravated assault, habitual offender; and 30 years for being a felon in possession of a gun during the commission of a felony, habitual offender. Circuit Judge Kirk Johnson ordered Colston to serve the sentences at the same time.
"We are very pleased with the jury's verdict of guilty. Mr. Colston had numerous prior convictions from the state of Florida, each just a slap on the wrist," Mitchell said. "Today, Mr. Colston met Miller County justice."
Colston must serve 1/6, or five years, of his term before becoming eligible for parole.