FARMINGTON – A Carthage man who was found guilty of assaulting a deputy and causing serious injury remained free Friday after he was sentenced to three years in prison with all but six months suspended.
With a contingent of law enforcement and representatives of Franklin County Sheriff’s Department looking on, Kevin Joyce, an attorney for Vance Billings, 29, Carthage, filed an appeal of the March 2 verdict during the sentencing hearing. He asked for a stay before his client had to report to prison until it was resolved.
Justice Joseph Jabar granted the stay with conditions, including taking his medicine and reporting to his mental health caseworker or physician’s assistant weekly, despite objections from Assistant District Attorney Andrew Robinson.
Jabar set $5,000 unsecured bail.
On March 2, following a trial, Jabar found Billings guilty of assaulting Franklin County Deputy Sandy Burke. Billings has a history of mental health problems and was off his medication at the time of the incident in October 2004.
He also was found guilty of failing to submit to arrest and disorderly conduct. Besides the sentence for the assault conviction followed by two years of probation, Jabar also sentenced Billings to six months for failing to submit to arrest and 60 days for disorderly conduct, both to run concurrent with the primary sentence.
Burke was investigating a criminal mischief complaint and had gone to a Carthage residence with the intent of issuing a warning to not go on the property in question again.
While Burke was conducting his investigation, he warned Billings to stop yelling and screaming at him or he would be arrested for disorderly conduct.
When Billings didn’t stop and came at him, Burke took him to the ground to arrest him.
A scuffle ensued and Billings kicked Burke in the face which fractured his cheekbone, gave him a concussion and bruises, and knocked him unconscious.
Billings claimed the action was self-defense but Jabar ruled that Billings acted with intent and knew exactly what he was doing.
Billings had left a mental health hospital on a pass against the advice of caretakers and didn’t return though he says he tried, a few days before the assault happened.
Robinson said Friday that Burke acted in a professional way throughout the incident, even after being kicked in the face just for doing his job. He asked the court to impose a sentence that reflects the seriousness of the crime. Robinson also noted that Billings’ run-ins with the law are getting progressively worse, and pointed out he is the one choosing not to take his medication.
Burke, who said that he tries to treat people with respect and believes giving a warning does the job in many cases, asked the court to give Billings the maximum sentence not just on his behalf but for other law enforcers as well.
Joyce asked the court to sentence Billings to time served of 67 days, and probation.
The defendant’s sister, Ronda Billings, asked the court to be lenient on her brother. She said her family has a history of bipolar disorder, and her brother was diagnosed with it at 17.
Whenever her brother has a manic episode, she said, he gets into trouble and this was the first time she knew of him getting violent.
The person you see today is not the same person when he is in a manic state and loses control, she said. .
Her brother is a good person, she said, and claimed the mental health system has failed him.
Ronda Billings turned to Burke and apologized to him for what happened.
Her brother also told the court he was “truly sorry.”
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