Dwight Alfred Anderson Jr. will serve two to five years in prison for battery with a deadly weapon, a guilty verdict returned by a jury in April.
He was reported to have hit a man over the head multiple times with a ball peen hammer before trying to push an unconscious victim through a window.
During the sentencing hearing, Humboldt County Public Defender Matt Stermitz said Anderson was involved in what appeared to be a “mutual brawl” in Golconda between people who had drank way too much alcohol.
Stermitz reported that Anderson had been evaluated and is not at a high risk for reoffense, asking the court to grant his client a treatment diversion program and a term of probation rather than a prison sentence.
“I believe I wasn’t guilty,” Anderson said in his allocution statement to the court.
Anderson told the court he is enrolled in mental health services and is working towards clearing outstanding warrants in both Kansas and Oregon.
The victim in the matter told the court that he sits at home at night wondering if Anderson is going to come through his window.
“This has affected my life big time, when a man’s down you don’t continue to beat him,” said the victim. “I got knocked out a few times, it wasn’t a good thing and it shouldn’t have happened.”
Sixth Judicial District Court Judge Michael Montero ordered a two to five year prison sentence for Anderson with 11 days credit for time served, the minimum allowed by Nevada statute. Anderson was also ordered to pay a $3 DNA collection fee, $25 administrative assessment fee and $1,500 public defender fee.
“This is a case in which a jury of your peers determined that you were guilty, I know you’re taking a different position in court today but a jury found you guilty of the crime,” said Montero to Anderson. “There can be the opportunity of probation but considering that this was a jury trial in which the jury convicted you of the offense, I’m going to order a prison sentence today.”
