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Man sentenced to 25 years for hitting cyclist with car

by Suzanne Resch
| May 23, 2017 4:00 AM

Brian Norvell was sentenced May 15 to 25 years for assault on a peace officer and aggravated assault. He will serve his sentence in the Montana State Prison.

The charges stemmed from a May 9 incident in which Norvell, while driving his car at 50 to 60 miles per hour, hit from behind and ran over a touring bicyclist riding south of Eureka on Highway 37. After Norvell ran over the victim, he went through the victim’s backpack and hid his vehicle in the woods. Norvell then hitchhiked back to the scene of the accident, where he handed the victim’s wallet to Montana Highway Patrolman Anthony Jenson and confessed to the crime.

The victim’s injuries included concussion with two fractures to the skull, road rash covering his entire body, a broken ankle, broken toe and other fractures throughout his foot.

Norvell pleaded not guilty to the charges on October 17, 2016 before changing his plea March 27, 2017 to guilty on both accounts.

At the May 15 sentencing hearing there was discussion about the victim’s medical expenses to this point and the fact he would need more rehabilitation or possible medical treatment throughout his life. Norvell’s insurance has paid the victim for previous medical expenses, and the State asked that the restitution portion of Norvell’s disposition be left open to be finalized with an affidavit after the sentencing.

Norvell’s attorney Alisha Backus objected to the restitution, though Judge Matt Cuffe recognized it but agreed with the State that the restitution would be finalized at a later date to Norvell’s ability to pay from his SSI and SS Disability income while incarcerated.

Assistant County Attorney Jeffrey Zwang asked the court to amend the charges to include a weapon enhancement charge. This charge, MCA 46-18-221(1), provides that a person who is found guilty of any offense and who while engaged in the commission of the offense, knowingly displayed, brandished or otherwise used a firearm, destructive device or other dangerous weapon shall be punished with a sentence to a term of imprisonment of not less than two years and not more than 10 years. The State said that the vehicle was the dangerous weapon that Norvell used during the crime of Aggravated Assault.

Judge Matt Cuffe sentenced Norvell to 20 years on the aggravated assault charge, 10 years with five years suspended for the weapon enhancement charge, and 10 years with all 10 suspended for assault on a peace officer to run consecutive to the aggravated assault sentence.

Cuffe also ordered that Norvell have intensive supervision after being paroled due to the violent nature of the crime and that he register as a violent offender for life.