Judge rejects plea deal in partner assault case

Montana 19th Judicial District Judge James Wheelis Monday rejected a plea deal between the Lincoln County Attorney’s Office and a man accused of a felony count of partner family member assault. Under the terms of the rejected agreement, Charles Ray Norman, a 36-year-old Troy man, would plead guilty to a reduced charge of misdemeanor simple assault. In exchange for the plea, the prosecution agreed to recommend a six-month deferred imposition of sentence and not revoke Norman’s current suspended sentence for a previous felony partner family member assault conviction.

Norman’s current legal woes stem from a July 2015 incident in which he is accused of assaulting his girlfriend at their residence in Troy. Officer Chris Pape of the Troy Police Department was dispatched to Norman’s residence at approximately 9:55 a.m. July 4, 2015, for a partner family member assault call. Upon arrival, Pape met the victim’s mother, who reported the accused admitted to hitting the victim.

“She (victim’s mother) advised that her daughter, [victim], was assaulted by her boyfriend, Charles Ray Norman, sometime early this morning,” Pape wrote. “[Victim’s mother] advised that Charles had stopped by her house this morning and told her that [victim] was being ornery and he had to hit her. [Victim’s mother] took me into the residence where [victim] was sitting in the living room. I immediately noticed [victim’s] face was swollen and severely bruised on the left side. She also had finger marks around her neck and finger bruising on both of her biceps.”

At the time of the alleged assault Norman was on probation based upon a 2012 conviction for the same offense. After pleading guilty to the 2012 partner family member assault Norman was given a five-year deferred imposition of sentence, which was revoked in April 2013, for violations of alcohol and firearms related probation conditions, according to information provided by Adult Probation and Parole Officer Darrell Vanderhoef. After the revocation of the deferred sentence, Norman was sentenced to a five-year commitment with the Montana Department of Corrections, all of which was suspended. Under the terms of the suspended sentence, Norman could be sent to prison if convicted of any violations of the law.

Vanderhoef said regardless of any arrangement with the prosecution, if Norman pleads guilty to even a misdemeanor assault charge he intends to file a report of violation and seek revocation of the suspended sentence. Once the report of violation is submitted, prosecution of the matter is at the discretion of the County Attorney’s Office.

“It has to be done,” Vanderhoef said. “We have to do the right thing. What happens after that is out of our hands.”

Wheelis scheduled a hearing for June 9 to further explore the plea agreement and the limits of his judicial discretion in rejecting the amended charge.