Man shot and killed by CHP was on DUI probation from previous crash that injured four

Billy Kongphouthakhoun, who was shot and killed by a California Highway Patrol officer Wednesday night after he reportedly pulled a firearm during a drunken driving investigation, was just out of prison from a 2015 DUI crash in which four people were injured, according to court records.

Kongphouthakhoun, 24 and of Clovis, was fatally wounded after he rear-ended an SUV while southbound on Highway 41 near Manning Avenue and picked up the gun when the officer asked him to step out of his Toyota Tundra, according to the Fresno County Sheriff’s Office, which is investigating the incident. Two people in a Chevrolet Tahoe sustained minor injuries when their vehicle overturned in the crash.

If Kongphouthakoun had been arrested on DUI charges in the Wednesday crash, he would probably face another felony charge, because of the injuries to the Tahoe occupants. Kongphouthakhoun had two previous DUI convictions, the first with a blood alcohol level of .20 and the second with a level of .23. Under California law, a driver with a level of .08 or higher is considered impaired. In addition, he would likely have faced weapons charges because as a convicted felon, he was prohibited from possessing firearms or ammunition.

According to the court records, Kongphouthakhoun got his first DUI conviction in July 2014, received three years of probation and was ordered to take part in the Fresno County Adult Offender Work Program. He did not show up for the program or attend a Decisions For Life program for convicted DUI offenders, resulting in a warrant and a jail term. In May 2015, he was arrested for driving with a license suspended because of the earlier arrest and served a jail term.

In December 2015, Kongphouthakoun was charged with injuring the four people in the DUI crash. He was convicted in 2018 and sentenced to three years in prison. He served a year. Because of the conviction, his license was suspended for three years.