MITCHELL — A Mitchell man who committed what Judge Chris Giles described as a “violent, premeditated assault” on a victim at a Mitchell motel was sentenced to serve 12 years in prison on Tuesday.
Michael Wermers, 39, of Mitchell, decided to “take the law into his own hands” when he organized a two-person assault on a victim at the Corn Palace Inn Motel, Davison County prosecuting attorney Robert O’Keefe said during Tuesday’s sentencing hearing.
“He set this up. He got the other person involved,” O’Keefe said and recommended the court impose a 15-year prison sentence. “You’re just not allowed to take the law into your own hands. They believed their friend was a victim of a crime.”
Wermers was sentenced to 15 years in prison with three years suspended for aggravated assault with intent to cause bodily injury and indifference to human life, a Class 3 felony that carries a maximum sentence of 15 years in prison and a $30,000 fine. He was also sentenced to five years in prison with five years suspended for possession of a controlled substance, which was the second charge that stemmed from the assault.
According to an arrest affidavit, Wermers covered a security camera with a baseball cap at the Corn Palace Inn Motel to commit a robbery inside of a room where the victim was an occupant.
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Authorities were provided statements about an alleged video of Wermers showing him and another individual, Damond Baldwin, 41, of Mitchell, assaulting the victim prior to stealing keys and a cell phone, the affidavit alleges.
Wermers’ attorney, Reid Kiner, highlighted Wermers’ 20-year military career with the Marines and his solid work production since the assault occurred as factors for the court to consider suspending all of the prison time he was facing. Kiner explained that Wermers believed the victim who he and Baldwin assaulted struck a woman.
Prior to being handed down his sentence, Wermers said he’s been dealing with Post Traumatic Stress Disorder (PTSD) since wrapping up his time as a U.S. Marine. Wermers expressed his apologies to the victim.
“I have PTSD. I had several traumatic brain injuries. I can assure you nothing like this will happen again,” Wermers said at Tuesday’s hearing.
According to O’Keefe, the victim incurred roughly $6,000 in medical costs to recover from the assault, which O’Keefe requested Wermers pay in restitution fees. Judge Giles honored O’Keefe’s request and ordered Wermers to pay it.
“This was a violent and premeditated assault. This is clearly not the way you should have addressed this,” Giles said to Wermers.
Baldwin recently pleaded guilty for his role in the assault. He pleaded guilty to aggravated assault with intent to cause bodily injury and indifference to human life, a Class 3 felony that carries a maximum sentence of 15 years in prison and a $30,000 fine. He is scheduled to be sentenced on Mar. 14.
Baldwin remains in custody while he awaits sentencing.
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