Case summaries

WATCH is not publishing the defendants’ names in three of the following cases to protect the identity of their wives, who are the victims of their abuse.

WA
WA, 45, was charged with felony first degree assault for attacking his wife with a five pound dumbbell. According to the criminal complaint, the victim said she believed WA was trying to kill her when he struck her approximately 30 times in the head, face, and shoulders. She also told police he tried three times to snap her neck, but could not get a grip because of all the blood. She was able to escape and run to the neighbors after the defendant collapsed on top of her from exhaustion. When officers arrived on the scene, the victim was covered in blood and appeared to be losing consciousness. The victim received stitches and staples in multiple places, had a broken thumb, and lost several teeth. Police found the couple’s five children at home.

After his first appearance on September 14, 2010, WA was released from custody with a domestic abuse no contact order, and a psychological evaluation was ordered in November. In February, the defendant was found competent, pleaded guilty as charged, and was sentenced by Judge Toddrick Barnette to 74 months in prison with credit for 5 days. His conditions include: supply a DNA sample and do not use or possess firearms or dangerous weapons. Joshua Larson was the prosecutor, and Robert Paule was the defense attorney.

MB
MB, 47, was charged with three felonies between April and September 2010 for terroristic threats against his wife.

In the first case from April, the victim reported that MB slapped her in the back of the head, grabbed a folding knife, and threatened to kill her. Fearing for her safety, she locked herself in the bathroom, but eventually came out when their infant started crying and MB left the room. MB returned a short while later, pointed the knife towards her stomach, and said if she ever called the police, no one would ever see her again. MB pleaded guilty as charged, and Judge Barnette sentenced him to 30 months in prison stayed for five years. His conditions include: 180 days in the workhouse with credit for 35 days served and an immediate furlough to treatment; domestic abuse counseling/treatment; supply a DNA sample; no alcohol/controlled substance use; do not ship/transport/posses or receive firearms or ammunition; and remain law abiding. Frederic Halla was the prosecutor, and Jason McGee was the defense attorney.

Five months later, MB was charged with two more cases of terroristic threats for incidents taking place in September. In the first of these incidents, the victim told police that MB left messages on her cell phone while she was at work telling her he would have people waiting for her when she left and threatening to damage her property and kill her. The case was dismissed.

In the second incident, the victim reported a series of terrifying death threats the day after she moved out of their home. The threats included, “I promise you one thing, you will not live to see 2011…I’m going to kill you b**ch, I swear to god on my kids. I’m going to throw acid in your face…I will go to jail for the rest of my life if I have to.” MB pleaded guilty to a reduced charge of gross misdemeanor terroristic threats, and Judge Barnette sentenced him to 182 days in the workhouse with credit for 182 days served. Judge Barnette also revoked his sentence in the April case and ordered him to serve the 30 months in prison with credit for 179 days.

TB
TB, 31, was charged with three cases between July and November 2010 for assaulting his wife. In the July case, he was charged with two counts of misdemeanor domestic assault. In August, he was charged with felony domestic assault by strangulation and misdemeanor domestic assault when he entered the bathroom while his wife was in the shower, ripped the curtain down, slapped her numerous times, grabbed her by the throat, pinned her against the wall, and strangled her.

In November, TB was charged with felony terroristic threats, misdemeanor domestic assault, and gross misdemeanor refusal to submit to a chemical test/driving while impaired. The victim reported that TB followed her to her mother’s house, punched her in the eye, and threatened to kill her with a knife. He then fled, but returned a short while later and kicked in the front door while the victim called police. He fled again, but was arrested when officers pulled him over. He registered a 0.08 in a portable breathalyzer.

TB pleaded guilty to one count of misdemeanor domestic assault for the July case, one count of felony domestic assault by strangulation for the August case, and gross misdemeanor refusal to submit to a chemical test/driving while impaired for the November case. Judge Beryl Nord sentenced him to 90 days in the workhouse with 30 days stayed for one year and placed him on probation to the court for the July case; sentenced him to 60 days in the workhouse, but stayed imposition of the sentence for the August case; and sentenced him to 365 days in the workhouse with 305 days stayed for three years and credit for 21 days for the November case.

Judge Nord ordered TB to serve the three sentences concurrently with the following conditions: complete a chemical dependency evaluation/treatment; make a good-faith effort to obtain/maintain employment and/or pursue an educational program; do not ship/transport/possess or receive firearms or ammunition; supply a DNA sample; remain law-abiding; random drug testing; no contact with his wife until approved by probation and after completing anger management; domestic abuse counseling/treatment; and child visitation through family court. Erica Glassberg was the prosecutor in the July case, and Darren Borg prosecuted the August and November cases. Jerome Mesenbourg was the defense attorney in the July and November cases, and Paul Sarratori was the defense attorney in the August case.

GAIL ELIN GAGNE
Gail Elin Gagne, 28, a teacher at Cretin Derham Hall high school, was charged with two counts of felony third degree criminal sexual conduct for sexual abuse of a student. The victim, age 16, told investigators that he met Gagne while working in the weight room at the school, where she was the supervisor. He reported that Gagne invited him out to restaurants, gave him rides home from school, and initiated sexual contact with him on several occasions, which included sexual penetration.

Gagne pleaded guilty to a reduced charge of fifth degree criminal sexual conduct, a gross misdemeanor. Judge Richard Scherer sentenced her to 360 days in the workhouse with 360 days stayed for 364 days. She was placed on supervised probation for 364 days with the following conditions: supply a DNA sample; register as a predatory offender; no contact with the victim or the victim’s family; no same or similar; and remain law abiding. Judith Hawley was the prosecutor, and Earl Gray was the defense attorney.

ERNESTO VIGBIO SINCHI
Ernesto Vigbio Sinchi, 55, was charged with one count each of felony third degree and fourth degree criminal sexual conduct for sexually assaulting a female acquaintance. According to the criminal complaint, Sinchi and the victim were job hunting together when he drove to his apartment building and, while in the car, sexually assaulted her while she struggled unsuccessfully to escape.

Sinchi was convicted of third degree criminal sexual conduct, a felony. Judge Nord stayed imposition of the sentence and placed Sinchi on conditional release for 10 years. Conditions include: serve 180 days in the workhouse; register as a predatory offender; supply DNA sample; attend and complete sex offender treatment; and have no contact with the victim. Judith Hawley was the prosecutor, and Elizabeth Hughes was the defense attorney.

This article appears in the Spring 2011 WATCH newsletter. You can download the entire issue (as a .pdf) here.