Mitchell man gets jail in assault

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A Mitchell man will spend the next month in jail for his part in an aggravated assault.

Brent Zephier, 19, pleaded guilty in July to aiding and abetting aggravated assault. He was sentenced Tuesday.

Zephier and two others were arrested March 20. Zephier’s attorney, Doug Papendick, said Zephier has spent the last 5½ months in jail. Papendick said Zephier played an active part in the assault, but was surprised the night of March 20 when his co-defendant, Colin Stands, struck the victim with a baseball bat. The third person is a minor.

Stands was scheduled to appear Tuesday but showed up late and was sent to jail to await his postponed sentencing next week.

State’s Attorney Pat Smith disagreed with the sentence for Zephier, considering all three people apparently left the scene and came back with the bat.

“I appreciate the statement that he was surprised,” Smith said of Zephier. “But they left the scene, got the baseball bat and came back to the scene. And they certainly weren’t going to play ball.”

Smith recommended a 60-month prison sentence with 30 months suspended and that Zephier pay more than $15,000 in restitution.

Papendick said his client admits he has problems with alcohol and needs close supervision, which is why he asked to be placed in Stepping Stones for treatment, to continue with Alcoholics Anonymous meetings, get a job to pay off restitution and work to obtain his GED.

“He’s afraid of the problems he has with alcohol, and rightly so,” Papendick said. “It seems every time he gets in trouble it’s from drinking.”

Judge Rodney Steele ordered that Zephier spend 180 days in the Davison County Jail, with credit for the last 5½ months he’s already served.

“I’m taking a leap of faith here and giving you a chance and one chance only,” Steele said.

Steele suspended a five-year prison sentence and instead placed Zephier on five years of probation. He will have to pay his portion of $15,495.23 in restitution, enroll in the 24/7 Sobriety program, treatment and aftercare, get a job and remain law-abiding.

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