Assault leads to 5 years in jail

Nov. 14, 2006

By MARY AMES

Frontiersman

PALMER - A Big Lake man convicted of choking his partner unconscious in September 2005 received a five-year sentence in Palmer Superior Court Monday, with an additional five years of probation.

Samuel G. Ives, 24, already was on probation for vehicle theft when he was indicted last year on second and third-degree assault charges.

The state recommended the court sentence Ives to five years in prison, with three years suspended and five years probation, in part because Ives was manipulative and refused to cooperate, said Rachel Gernat, assistant district attorney.

Ives took his hands and put them around his victim's throat in an &#8220extremely violent assault,” Gernat said. When his victim regained consciousness, Gernat said, Ives told her, &#8220I allowed you to live.”

&#8220He believes he's in control,” she said.

The court ordered competency hearings for Ives, but he refused to cooperate, and the state had no idea whether Ives had substance abuse problems, Gernat said.

&#8220He won't talk,” she said. &#8220He refused to participate.”

Diane Foster, Ives' public defender, said there was no mention of alcohol or controlled substances, and objected to the state's request for treatment. Foster agreed Ives wasn't speaking to people involved with making the report for the court before sentencing, but said he was anything but manipulative. While Ives has been in jail, he completed his GED and took a parenting class, she said.

Foster asked the court to hand Ives a three-year sentence, with one year suspended, and three years of probation.

&#8220Giving Mr. Ives 24 months should show us whether he is doing well or not,” she said.

Judge Eric Smith said Ives' committed a serious assault, made worse because his victim was a family member. Referring to the court-ordered competency hearings, Smith said the bottom line was that Ives is competent.

&#8220We went through a lot of work for nothing,” he said. &#8220Rehabilitation is somewhat guarded, given the nature of the assault and his comment (to the victim).”

Smith sentenced Ives to five years in prison, with three suspended for the assault.

Smith also sentenced Ives to an additional 90 days for violating his probation from a July 2005 conviction for vehicle theft.

The judge also ordered Ives to have no contact with his victim, and said, since there were no indications of substance abuse, he would not impose treatment,

but he would leave it up to the probation officer's

discretion.

Contact Mary Ames at 352-2284 or mary.ames@

frontiersman.com.