A Porter man was sentenced July 27 to 3 1/2 years in prison with all but seven months suspended for a felony bail violation in Nobleboro, while two other felony charges against him were dismissed, according to court documents.
Herbert “Joe” Sund III, 48, was arrested for aggravated assault in April after Lincoln County Sheriff’s Deputy Joel Seekins responded to a report of a domestic violence disturbance in Nobleboro, according to an affidavit by Seekins.
The alleged victim told Seekins she was allegedly “choked until almost passing out” after being attacked by Sund, according to the affidavit.
“She managed to hit him in the forehead [with] the cordless telephone and then [ran] to the neighbors,” Seekins wrote.
Sund maintained that the woman attacked him, and he attempted to pin her arms in order to stop her, according to the affidavit.
Both parties had allegedly been drinking, Seekins wrote.
The aggravated assault charge was dismissed as part of a plea deal involved new charges filed against Sund in May.
Sund was arrested May 27 after he called the district attorney’s office and caller ID showed him calling from the home of the alleged assault victim, according to an affidavit by Lincoln County Sheriff’s Detective Jared Mitkus. Sund was prohibited from contact with the woman by his bail conditions.
Sund, who was located in the bedroom of the woman’s home, was arrested and charged with violation of condition of release and possession of a firearm by a prohibited person because he is a convicted felon and a rifle was found near him at the time, according to court documents. Both were class C felonies.
Sund entered a guilty plea for the violation of condition of release charge on July 27 and the aggravated assault and firearm possession charges were dismissed.
Sund was sentenced to 3 1/2 years in prison with all but seven months suspended, followed by two years probation. His probation conditions include completing both mental health and substance abuse counseling and treatment, and submitting to random searches and testing for drugs.
Andrew Wright, the prosecutor in the case, said the plea deal was made in light of the alleged victim being “generally uncooperative with the state” regarding the aggravated assault charge.
The state did not require the woman’s cooperation regarding the violation of condition of release charge, however, Wright said.
“It was definitely a compromise, not something that the state wanted in it’s totality, but overall I think it was a good outcome for everyone,” he said.
A call to Sund’s defense attorney, Robert Ruffner, was not returned by press time.
