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Pair gets 20 years for death of man
POTSDAM INCIDENT: Family of attack victim disputes court ruling
By JAMES R. DONNELLY
TIMES STAFF WRITER
TUESDAY, MAY 13, 2008

CANTON — Two Parishville men who triggered a fatal asthma attack while trying to rob a Potsdam man were both sentenced Monday in St. Lawrence County Court to 20 years in state prison.

Matthew R. Clothier and Jared L. Gilbert, both 21 and residents of Pumpkin Hill Road, Parishville, were sentenced for causing the death of Chung B. Hua, 26, who died after being assaulted in his Elm Street apartment on June 15. Both pleaded guilty in March to first-degree counts of man-slaughter and burglary.

Although Mr. Clothier hit Mr. Hua in the head with the butt of a .410 gauge shotgun during the assault, an autopsy showed the victim died of an asthma attack, not the beating that triggered it. Mr. Clothier was armed with an ax handle.

But Dr. Lan Hua, who spoke on behalf of the victim's family, disputed the finding.

"It was not an accident. When you bring an ax handle and a shotgun to a person's house and beat them to a pulp, that is not an accident," Dr. Hua said.

Going to her late brother's apartment to collect his things was difficult, she said.

"As a trauma surgeon, I deal with death every day. But this was the most difficult thing I have ever done, seeing my brother's shattered apartment, seeing his blood stains on the walls. This will haunt us the rest of our lives," she said.

"We are not happy with the sentence. We believe it was murder, not manslaughter," said Dr. Hua, who suggested race may have been a motivating factor behind the assault.

County Judge Jerome J. Richards defended the plea agreement.

"Our system is not a perfect system," the judge said. "No matter how much we try, we cannot put a value on another person's life. You are entitled to disagree with the court, but this was an agreement."

Attorney Charles B. Nash, Canton, who represented Clothier, attributed the killing to drug abuse.

"This has been a tragedy for three families. One of the real culprits here is controlled substance," Mr. Nash said.

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