A 25-year-old Hutchinson man who was found “guilty” on a charge of aggravated battery was granted 36-months community corrections Friday by District Judge Trish Rose over the objection of the state.
The case centers on Joseph Lewis becoming upset over a comment his mother made to him while they were arguing. He allegedly pushed her in a chair and then began punching her with both fist. It was estimated that it could have been as many as 10-to-15 times. The incident occurring back on January 29, 2013.
The victim admitted that she had been drinking the day of the incident and may have started the argument that led to the beating. She suffered an abrasion on her eye, fractures to her nose and forehead as a result of the attack.
The defense wanted a judgment of acquittal or a new trial in the case. Both were denied by the judge. They then asked for a border box finding or a downward departure, while the state argued for a prison sanction stating that it is a presumptive prison case.
The judge sentenced Lewis to 36-months in prison, but then granted the 36-months community corrections. He will also have to get mental health counseling, get a GED and a domestic violence assessment.