Judge Denies Plea Agreement Due To Lack Of No Contact Order
WARSAW — Jeffrey Allen Brown, 32, Warsaw, was sentenced today, June 29, on a domestic battery charge with a prior conviction, a level 6 felony, after he was arrested for strangling his girlfriend
According to the affidavit of probable cause, on Feb. 1, an officer responded to a battery complaint. When the officer arrived to the residence, he spoke to a female victim who was upset and crying.
The victim told the officer she and her boyfriend of two years, Brown, had been traveling in her mother’s vehicle. The victim testified that Brown had been yelling at her and she told him she wanted to get out of the vehicle. Brown then stopped the vehicle and grabbed the victim by the collar of her shirt, making it difficult for her to breathe. When the victim attempted to exit the vehicle, Brown would prevent her from exiting by grabbing her by the arm.
According of the affidavit of probable cause, as a result of her struggle with Brown, the victim had multiple abrasions on the front of her left shoulder.
During the altercation, Brown made a motion with a “pick” as if he were going to stab the victim in the ribs. Brown also threatened to kill her.
Brown’s initial plea agreement made no mention of a no contact order with the victim, with whom he has a prior battery conviction. Prosecutor Katy Hampton advised the court this was partially due to the victim’s wishes. Judge David Cates found the terms unacceptable and denied the plea agreement under these terms.
Brown discussed this with his attorney Joseph Sobek before Sobek advised the court that they would accept a no contact order with the victim, asking that it only be until Brown satisfied anger management and substance abuse classes.
Judge Cates accepted the plea under those terms, finding Brown guilty of domestic battery with an enhancement, a level 6 felony, and sentencing him to two years at the Kosciusko Sheriff’s Department. The sentence was suspended, to be served on probation.
Judge Cates also ordered Brown to anger management and substance abuse evaluation at the Bowen Center and entered a no contact order with the victim until that is satisfied. At that time the no contact order may be reevaluated.