HUTCHINSON, Kan. — The 26-year-old Hutchinson man convicted in a domestic case where the victim was nearly killed was granted a departure with Judge Trish Rose, placing Marcus Batiste on community corrections for three years with an underlying sentence of nearly five years.
Judge Rose granted the corrections over the objection of the state, who thought that prison time was warranted.
Batiste entered a plea to two of the three charges, including the attempted aggravated kidnapping and aggravated battery. The state dropped the attempted second-degree murder charge as part of the plea agreement. The state also agreed to recommend concurrent sentencing.
But, District Attorney Keith Schroeder argued that they have shown enough mercy with the plea agreement considering the crimes involved and told the judge that there needs to be some punishment in the case.
Batiste and the victim had been to a local club and, once parked in front of a Hutchinson home, began arguing. He then struck her, so she began honking the horn to try to get attention and help. A third person who heard the horn began yelling at him to leave her alone and that person called police.
He apparently pulled her from the vehicle, then began beating, kicking and choking her to the point that she lost consciousness. She also had as many as four staples in her head, which were discovered when she was at Hutchinson Regional Medical Center for treatment. When police arrived, she had regained consciousness and was attempting to get away from Batiste.
The defense argued for a non-prison sanction and the judge went along. This after the victim told the judge that alcohol caused most of the problems, saying that accounts for one percent of his character. The defendant is apparently getting treatment and told the judge that he gets sick at his stomach when he thinks about what he did to the victim and his two kids. He says he wants to make sure this doesn’t happen again.
Batiste is apparently going through treatment for his alcoholism and also counseling for being a batterer.
In addition to the sentence, he was also ordered to pay $1,500 in restituition as well as court costs.