A man that pleaded guilty to a class D felony charge of domestic abuse assault, third or subsequent offense, was fined, ordered to serve time and lectured to by the sentencing
judge, as read in The Daily Reporter.
A Spencer resident, J.P., 35, was sentenced to five years in prison, ordered to pay a $1,000 fine - with a suspended surcharge of $350 - and attorney fees.
In his plea deal a class D felony charge of child endangerment causing bodily harm and a simple misdemeanor charge of interference with official acts were dismissed. Additionally, a previous no-contact order between J.P. and his wife, H.P., was removed.
On June 4, in the 900 block of East Fourth Street, charges were filed following a domestic disturbance between J.P. and H.P. The incident resulted in injuries to both H.P. and a child that tried to get between them.
J.P. was also injured in the melee - he jumped from a garage roof - and had to be flown to Sioux Falls to be treated.
J.P. told the court, "I was intoxicated and went in and struck my wife."
Third Judicial District Judge Nancy Whittenburg accepted his plea.
H.P. spoke on her husband's behalf and said, "(J.P.) is not a bad man. He's really trying hard. I brought the alcohol into the house. If I loved him, I wouldn't do that. I feel this is my fault, too. ... His kids miss him. I just want him to come home. He needed more support from his wife."
Judge Whittenburg admonished H.P. for her comments and said to the couple, "The last thing I want either of you to think is (H.P.) is at fault. It didn't contribute to you drinking or abusing. (H.P.), don't be co-dependent. He's got to be the person every day that determines he's not going to drink today, and he has to choose that every day."
JP Greer, the attorney representing J.P. also commented along the same vein as H.P. Greer said, "(J.P.) is a good husband and father.
The problem is, he is also an alcoholic.
When he drinks, he blacks out. ... He had pretty good periods of sobriety. ... I hope they both lick that problem. It's a big problem. He knows that. Unfortunately, this was a major relapse."
J.P. has a record of domestic assault and has been convicted three times: February 1, 2007, April 6, 2009 and April 26, 2010.
Whittenburg addressed J.P. again and said, "The crime is fueled by your addiction. Small children witnessed this more than one time.
Your stepson who saw this tried to intervene. This is the map you're showing them. You're showing them violence is part of a marriage.
Human beings will choose what's familiar, even if it's bad.
It's what they know. Your kids will attach to this lifestyle unless you come to the realization that you are a parent and have chosen to teach them how to treat people."
J.P. will be incarcerated in Oakdale's Iowa Medical and Classification Center. He must serve at least one full year, and pay $50 ever month to meet his obligation.
The judge told J.P. that he may reduce his jail time by as much as fifty percent and also may be eligible for parole.
The judge's final comments were ones she wanted the couple to reflect upon. She said, "I wish you both a lot of luck.
I hope you can be successful and your history shows you can be."
If you are caught in a cycle of domestic violence, and you or your children are in harm's way, contact a family law attorney as soon as possible for the help you need with your case.