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Archive for Wednesday, July 6, 2011

Man sentenced to more than 3 years in prison for battery at Lawrence apartment

July 6, 2011

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A Douglas County judge Wednesday morning sentenced a 20-year-old Lawrence man to serve 38 months in prison for injuring two people during a September robbery at a Lawrence apartment.

District Judge Peggy Kittel followed recommendations from a plea agreement from attorneys after Douglas Bittinger pleaded no-contest in May to two aggravated battery charges.

Attorney District Attorney Mark Simpson said prosecutors had evidence — including from Bittinger’s confession to police — that Bittinger entered the apartment Sept. 6 at The Exchange, 3100 Ousdahl Road, knocked one man unconscious and punched another man and broke a plate over his head.

“The way he described it was like Mike Tyson fighting an infant,” Simpson said.

Defense attorney Sarah Swain said Bittinger had no past criminal history and made a bad decision to participate in the robbery because he needed money. She said there was no evidence Bittinger planned the robbery.

Two co-defendants, Christopher Self, 20, and Joshua Self, 18, were sentenced earlier this year to serve about three years each in prison. Joshua Self was accused of planning the robbery believing the residents had high-grade marijuana that could be stolen. Prosecutors also said the defendants were armed with a BB gun.

Kittel ordered Bittinger’s two sentences to run concurrently and gave him credit for the 10 months in jail he’s already served. He could also get credit for more than five months of his sentence for good behavior.

Comments

Liberty275 3 years, 3 months ago

It's a shame he couldn't drive another block to walmart to buy chinese marijauana legally at a low low rollback price. Instead, he beats people and goes to jail.

Sometimes this is a stupid country.

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BlackVelvet 3 years, 3 months ago

"....Sometimes this is a stupid country."

No, sometimes people in the country make stupid decisions. It's not the country'e fault.

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Liberty275 3 years, 3 months ago

It's the country's fault the adult could not buy a plant. Granted, it's the individual idiot's fault for beating people up and trying to steal.

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KISS 3 years, 3 months ago

Am I the only one who is not flabbergasted by the fact that violent offenders are told that if they display "good behavior" in jail that they can reduce their sentence by sometimes as much as 1/3 the sentence term? Why has that become the norm with sentencing? Wouldn't it make more sense that the judge tell the defendant that if he hears as much as a mouse fart from him during his term than he can look forward for serving even more time? Why are we allowing these scum bags to serve less time for doing something (show they can play by the rules so they can be deemed fit for society) they should have no problems with while in prison.

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Slowponder 3 years, 3 months ago

Arithmetic not your strong suit, eh? 5 months of 38 months does not equal 1/3. Try 13.5%

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KISS 3 years, 3 months ago

Is reading not your strong suit? I wasn't saying in this case the sentence could be reduced by 1/3. I made a generalization by stating "by sometimes as much as." Thanks for trying though.

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somebodynew 3 years, 3 months ago

Several things wrong with your theory. The sentence guidlines are set by the Legislature, not the Judge. Once the person is sent to prision, he is property of the Department of Corrections - the judge cannot make him serve more time no matter what he does in prison. There can be new charges filed, or they can lose part of their "good time", but that is up to DOC. DOC wants to get rid of people as fast as they can because of overcrowding and there certainly isn't any money coming for new jails.

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Ewok79 3 years, 3 months ago

That's so damm funny!! It sounds kinda like a pot head movie, " two pot heads decide to rob their dealer with a BB gun". Why am I the only one seeing the humor in this???

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