FARMINGTON — The Temple road commissioner pleaded guilty Friday to assaulting a woman Oct. 23, 2016, though he didn’t agree with the state’s evidence.
Toby Hellgren, 62, of Temple pleaded guilty to a Class C charge of attempted aggravated assault and a Class D charge of domestic violence assault in Franklin County Superior Court.
Hellgren was indicted in January on a felony charge of aggravated assault, but that was dismissed in a plea agreement.
Hellgren waived his right to indictment on the new felony charge that carries a maximum penalty of five years in prison and a $5,000 fine.
If the case had gone to trial, the woman would have testified that she and Hellgren had a dispute and she did not want to go back to the residence, Assistant District Attorney Joshua Robbins said. She would have testified that she returned to the residence Oct. 23, 2016, and Hellgren accused her of infidelity, put her in a headlock and put his hand over her nose and mouth, temporarily, so she couldn’t breathe. She was able to break free and run to her vehicle, Robbins said.
A Franklin County deputy would have testified that he observed red marks on the woman that were consistent with what she told police.
Hellgren’s attorney, Walter Hanstein, said that Hellgren did not agree with what the woman said happened but understood that if the state’s evidence was presented to a jury, he could be found guilty.
Robbins said Hellgren had a prior assault conviction in 1995.
Hellgren entered into an agreement that delays sentencing until March 18, 2018. If he successfully complies with the agreement, he will stand convicted of the misdemeanor charge and will pay a $1,000 fine.
If he is not successful, it would be an open plea to the felony charge, Robbins said.
Hellgren was elected to a two-year term as Temple’s road commissioner in March 2016 over Commissioner Raymond Nile by a vote of 53-42.
Toby Hellgren
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