Man sentenced for assault
BERLIN — A Berlin man has been sentenced to community service for his second domestic assault conviction.
John D. Day, 53, pleaded guilty in Washington County criminal court Monday to one count of felony second-degree aggravated domestic assault. Any domestic violence charge automatically becomes a felony if the perpetrator has a previous domestic assault conviction on their record, according to state law.
Day was sentenced to one to three years, all suspended with 50 hours of community service.
According to the police affidavit, on Dec. 22 police received a phone call from a woman saying Day was drunk and was assaulting her. Upon arrival, police say Day was walking away from the residence.
When police spoke with Day, he said he was arguing with the woman and decided to leave. When asked whether the argument had turned physical, Day told police the woman had been attacking him and he just blocked her. Police asked Day if the woman would have any bruises on her and he said if she did, it was because she was hitting him and he was blocking the punches.
Police said they could smell alcohol coming off of Day.
In a sworn statement, the woman told police she and Day were arguing and she had become angry, telling Day to leave, but he wouldn’t. She said she and Day argued, got into each others’ faces, pointed fingers and did some shoving. She told police Day then grabbed her right arm and twisted it and also threw a glass of water at her.
Police went back to speak to Day, who again denied assaulting the woman. Police gave Day a breath test and he had a blood alcohol content of .215 percent, according to the affidavit.
Police say the woman had bruising and red marks on her inner right forearm.
Day has previous convictions for disorderly conduct in October, driving under the influence in 2010 and 1999, domestic assault and simple assault in 2002, unlawful mischief in 1983 and felony possession of stolen property in 1981.MORE IN This Just InSmuggler jailed
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