Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, September 17, 1994 TAG: 9409200033
SECTION: VIRGINIA PAGE: C-2 EDITION: METRO
SOURCE: By DIANE STRUZZI STAFF WRITER
DATELINE: LENGTH: Medium
In a two-hour sentencing hearing, character witnesses - and the defendant's criminal record - told the story of a troubled man who could not control his anger.
When his 27-year-old wife left him in January, he responded the next month by going on a 12-day crime spree against her, according to court testimony.
He was arrested twice on charges of assaulting her - once for breaking her nose, a second time for dragging her from her car by her hair and slapping her.
Each time, he was released after he posted bond. In the third and last incident, he broke into his wife's residence in Southwest Roanoke. At gunpoint, he handcuffed, raped and sodomized her. Before he left, he threatened to kill her if she told.
Their names are being withheld to protect the identity of the woman.
To the prosecution, the case is a classic example of domestic abuse in which the victim sought help from a system that came up short.
To the defense, the case was a reflection of the defendant's battered and confused childhood.
The defendant described himself as an alcoholic and drug addict who started smoking pot at the age of 7, later graduating to powdered cocaine and methamphetamines. His substance abuse escalated under stress. Drug use was a way "to hide the pain," he testified Friday, burying his face in his hands as he wept.
Family members described the 28-year-old man as a victim of child abuse who grew up in a home where he suffered beatings at the hands of his father, witnessed his mother being stabbed by his stepfather and watched as his older brothers became convicted felons.
"It is ... a fairer decision to sentence him on who he is, what he is," said Public Defender William Fitzpatrick during the hearing. "He has overcome many obstacles."
But Assistant Commonwealth's Attorney Ann Gardner asked the court to remember the true victim in this case: the defendant's estranged wife, whom the defendant abused for years and who continues to fear for her life.
The picture portrayed of the defendant is a "very sad and tragic" portrait, said Roanoke Circuit Judge Diane Strickland. "[But] I must not sentence you on who you are. I must also consider what you did."
The defendant faced the maximum of life plus 29 years for the early-morning incident on Feb. 14. Strickland sentenced him to a life sentence, suspended after 44 years in prison. Once he is out, he will serve 10 years' probation. He must have no contact with his wife.
The crime is "aggravated by the fact that the victim was your wife and not a stranger," Strickland said. "It was someone you loved."
by CNB