A Dickinson man was sentenced for a violent assault that took place in January.
Brodie Allan Peck, 23, appeared in Stark County District Court Tuesday before Judge Rhonda Ehlis for aggravated assault, a Class C felony.
Peck pleaded guilty to the charge on Sept. 6.
The victim's girlfriend, Kateri Doll, testified on the victim's behalf. Doll recalled the night he returned home from the incident that his jaw was broken.
"The front of his shirt was covered in blood and it was pouring from the side of his mouth," she said.
Peck's attorney, Thomas Murtha, of Murtha Law Firm in Dickinson, objected, claiming it was hearsay.
Assistant State's Attorney Brittney Bornemann explained the objection does not apply to a sentencing hearing.
The victim required extensive surgeries for his broken jaw and he has still not recovered, Doll testified. His face is numb, and he bleeds and drools as he eats.
The incident also affected him in other ways.
"When I met him, he was a social person," she said. "It takes him all day to think about being around other people. If we go out for supper, it has to be really early, so there's less people."
Doll said the victim did not want to appear in court because, "he didn't want to put a face to the source of his anxiety and fear."
Peck testified that, while out with friends celebrating a birthday, the victim had bumped into a female friend at the bar and was being rude.
"He said some things to her I didn't like, she didn't like. I felt I needed to defend her," he said. "I guess I shouldn't have."
Peck said that, while he shouldn't have acted the way he did, "I shouldn't be considered a felon for the rest of my life."
"I think it's something I can move on from and do better," he said. "It wasn't my intention for him to have lifelong effects. I've never been in a fight like that before."
Bornemann noted that video evidence and police reports do not support Peck's testimony.
In North Dakota, a Class C felony carries a maximum sentence of five years imprisonment, a $10,000 fine or both, with minimum court fees of $525.
Bornemann recommended five years with the North Dakota Department of Corrections, with all but 360 days suspended for three years, calling Peck's actions "abhorrent."
"The actions of this man have impacted another human being for the rest of his life," she said. "He has become a recluse. He has extreme anxiety. The defendant should not be allowed to walk away from this."
Ehlis, following state statute, sentenced Peck to three years jail, with three years suspended, and placed him on supervised probation.
"Someone who has hurt someone as badly as you have hurt this gentleman, to say we have to give you just probation, I don't necessarily agree with that," Ehlis told Peck. "I am bound by law to sentence you to probation today."
Peck was ordered to pay $27,997.90 for medical expenses, and $6,000 for lost ways, as well as fines and courts fees. He was also ordered to complete an anger management course.