After being continued last week, a Hutchinson man found guilty of two counts of aggravated battery, aggravated burglary and aggravated assault was sentenced Friday to a total of 55-months for those charges.
20-year-old Troy Bell had been charged with attempted murder, but was found “not guilty” on that count.
Judge Tim Chambers denied a judgment of acquittal and a new trial. He also denied the defense request for a downward departure saying he didn’t agree with Defense Attorney Greg Meredith’s contention that Bell had a minor or passive role in the crimes. Although he agreed that Bell wasn’t involved in the actual stabbing of Jeffrey Payne, he says the evidence showed that Bell led the way into breaking into the home.
The state wanted the maximum sentence on each count calling the crimes, a vicious home invasion and savage attack on Payne. Senior Assistant District Attorney Steve Maxwell told the court only through the grace of god, the victim survived, something Judge Chambers agreed with.
Payne and the others present with him when the attack occurred were in the courtroom, but chose not speak.
Bell was convicted of being one of six men who allegedly went to the home of Jeffrey Payne with most breaking in and physically attacking and stabbed him numerous times in the leg and torso. This at a home in the 600 block of East 4th. The attack took place back on February 18, 2013.
The motive for the attack is over an incident where the mother of the two co-defendants Joseph and Jordon LeShore was slapped. That led to the six men going to Payne’s home with some present attacking him.
Bell was also ordered to pay restitution in the case, but there is some question as to how much that will actually be.