Advertisement
Justin Stirling Vaver, 28, was convicted of third-degree assault causing substantial bodily harm. The plea agreement places Vaver on probation for five years, but if he follows the terms of that probation, he could be eligible for an early discharge after two years. Vaver will also agree to pay restitution to the victim though that amount has yet to be determined.
Third-degree assault carries a maximum penalty of five years in prison and a $10,000 fine.
Vaver entered an Alford plea Monday, in which he didn’t confess to the crime but took advantage of a plea agreement because it was “conceivable” that a judge or jury would find him guilty based on evidence, his attorney, Gregory Schultz said.
Schultz said Vaver was giving up his claim of self defense in order to take the plea agreement.
In a typical plea hearing, a defendant shares details of the crime with the judge under oath. That “factual basis” outlines who, what, where, when and why the crime happened, and the judge makes a decision of guilt or innocence based on that.
Rather than hear the facts of Vaver’s case Monday, Judge Mary Leahy accepted as evidence police reports, audio tapes and three days worth of testimony from Vaver, police officers and the victim in evidentiary hearings in January and February. Vaver simply had to plead guilty and give up his right to a trial.
Included in those documents and testimony are statements from a witness who said Vaver was the aggressor in the attack and “went after” the victim, Assistant Winona County Attorney Kevin O’Laughlin said. He said the victim indicated he was hit by Vaver first, refuting a claim of self defense.
According to the criminal complaint, Vaver attacked the victim about 3 a.m. Aug. 29 in Dresbach because the man had “disrespected” Vaver at a house party earlier in the evening. The victim suffered several broken bones in his face, a chipped tooth and multiple cuts and scrapes.
Vaver is scheduled for sentencing Sept. 17.
Contact Kevin Behr at (507) 453-3524 or kbehr@winonadailynews.com.
