Sentencing in Dillon Valley hatchet case continued to March
January 28, 2014
Michael Newcomb was in Summit County District Court Monday, Jan. 27 for sentencing, but a motion to continue the hearing was granted by 5th Judicial District Judge Karen Romeo.
Newcomb, 45, is now scheduled to return to court at 4 p.m. March 10 for sentencing.
Newcomb cited a need to organize his storage unit and to chop firewood for his wife to get her through the winter in his request to delay his sentencing. Newcomb is facing a mandatory prison sentence for allegedly striking his wife in the head with a hatchet and fracturing her skull during an argument that took place Jan. 31, 2013 at their Dillon Valley home, according to court documents.
Newcomb pleaded guilty last December to one count of second-degree assault causing injury with a deadly weapon, a Class 4 felony. The presumptive sentencing range for a Class 4 felony is two to six years in the Colorado Department of Corrections, three years of mandatory parole and a fine of $2,000 to $500,000.
However, the terms of Newcomb's plea agreement stipulate a DOC sentence of five to 16 years. Extended sentences are permitted in cases when the crime is deemed an extraordinary risk or committed under exceptional circumstances.
Although Romeo granted the continuance, she also modified the conditions of Newcomb's bond conditions and ordered him to check in with the court clerk's office once per week until his new sentencing date. Romeo said Newcomb's mandatory prison sentence makes him a flight risk.
Newcomb was originally charged in Summit County District Court with attempted second-degree murder, second-degree assault with a weapon during the course of a felony and first-degree assault, all Class 3 felonies; two counts of menacing, a Class 5 felony; and third-degree assault, a Class 1 misdemeanor. Those charges have been dismissed as a condition of the plea agreement.
Dale McPhetres and Reed Owens, of the public defenders office, are representing Newcomb. The case is being prosecuted by deputy district attorney Mark Franklin.
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