A Starke man was sentenced in Starke Circuit Court Thursday afternoon after a jury found him guilty of domestic battery as a Level 6 felony in a jury trial earlier this month.
The jury found that David Spohn battered his then-wife after an argument in their home on May 30, 2017. He punched her in the head, causing her to fall. He then held her down and continued to hit her resulting in a fracture in her back and a contusion on one of her ribs. This incident was witnessed by a child.
Spohn was serving three consecutive 30 month sentences on theft charges on home detention when he committed this offense. He has yet to pay $1,921.52 in restitution as part of the judgment of conviction in those cases.
Starke County Deputy Prosecuting Attorney Mary Ryan read two hand-written victim impact statements from the victim and their child who witnessed the event. The victims stated that the incident left them with serious psychological issues that are negatively affecting their lives.
Spohn apologized to the court for taking the court’s time to hear this case. He also apologized to his family for all of the trouble. He stated a work release program would better suit him as he would be able to get the money needed to pay off his restitution.
After reviewing the criteria for sentencing, Starke Circuit Court Judge Kim Hall sentenced David Spohn to the maximum allowable sentence on a Level 6 felony which is 30 months. He is to serve that time in the Indiana Department of Corrections. This sentence will be served consecutively to his previous sentence. A no contact order with the victim will remain intact as he serves his sentence. He was also ordered to pay a $50 domestic violence prevention fee.
He will appeal his sentence.
