A one-day trial was held in Starke Circuit Court Wednesday, April 3.
Gary Spencer of Knox was on trial for charges of strangulation as a Level 6 Felony and domestic battery as a Class A Misdemeanor.
A jury of six members found Spencer guilty on the charge of domestic battery and not guilty on the charge of strangulation.
The victim testified that she and Gary Spencer were arguing throughout the day October 3, 2023 and when they went to bed the argument continued. She testified that Spencer hit her in the head and in the face and wrapped his arm around her neck in an effort to choke her. The pair flipped and fell off the bed and onto the floor where she testified that the fight continued. She then said the fight broke up and he left. She testified that she went to Northwest Health Starke due to difficulty in breathing. The Knox City Police Department was called to investigate the case. Spencer was later arrested on the charges of strangulation and domestic battery.
Kenny Pfost from the Knox City Police Department, who was an active patrolman on the day this incident occurred, testified that he took the report of the facts and photographed the victim to document the injuries. He testified to the injuries he saw on the victim that day.
There were no other witnesses called to testify. The defendant, Gary Spencer, did not testify in his defense.
The jury deliberated for less than 40 minutes before returning the verdicts.
Starke Circuit Court Judge Kim Hall sentenced Spencer on the domestic battery charge for which he was found guilty. The maximum sentence on the Class A Misdemeanor charge is 12 months. He has been in the Stake County Justice Center for approximately 180 days so with that good time credit already served, it was determined that he has satisfied the time served on the charge. He remains in the Starke County Justice Center to face other charges in another case with a trial in that matter set for June 26.
The State was represented by Starke County Chief Deputy Prosecuting Attorney Matthew Poulos and the defendant was represented by Defense Attorney Richard Ballard.
