Wednesday, January 19, 2011

1/19/11 From the Prosecutor's Office

Michael Ayers pled guilty on 1/19/2010 to a charge a Felonious Assault a felony of the 2nd degree. The sentencing guideline for this degree of a crime can range at a minimum of 2 yrs. to a maximum of 8 yrs. There is a presumption a defendant will receive a prison commitment on this degree of a crime. Michael Ayers was given a 4 yr. prison commitment today.

A criminal defendant sentenced to less that 5 yrs. on this degree of crime has the right to file a motion to the court requesting an early release from the prison commitment after he/she has served 180 days at the institution. If he had been given 5 yrs. or more, he would not be eligible to file for an early release on this degree of crime until he served 4 of the 5 yrs.

The recommendation/offer was fashioned by the Prosecutor to uphold his duty of holding the defendant accountable and protecting the community while also allowing consideration for the wishes of Dr. & Mrs. Sandstrom. If it were not for working directly with Dr. & Mrs. Sandstrom as well as the Defendant standing up and admitting what he did rather than dragging everyone through a court trial, the Prosecutors request, in all truth, would have been closer to a maximum prison sentence due to the severity of this crime.

This office will oppose the defendant receiving an early release. However, the Judge will take input from the defense attorney, the defendant and his family as well as input of the Sandstroms if/when a Judicial release hearing is set. The defendant’s institutional record is also considered.

At sentencing, Michael Ayers was asked if he had anything to say before he was sentenced. He did say he was sorry for what he had done, and the harm he caused to the Sandstroms. He told the Judge he wants to take full advantage of the programs offered at the institution to work on his anger/anger management as well as AA meetings to change for the better for when he is released.

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