Judge disregards plea agreement, sentences Charles City man to up to 10 years

By Bob Steenson, bsteenson@charlescitypress.com

A Charles City man who pleaded guilty to attacking another man who was sitting in a truck was sentenced this week to up to 10 years in prison.

Kristopher Hugh Viers, age 36, had pleaded guilty to second-degree burglary, a Class C felony, and to assault causing serious injury, a Class D felony, in a plea agreement with the Floyd County Attorney’s Office that reduced the charges and had recommended suspended prison sentences and probation.

Viers had originally been charged with first-degree burglary, a Class B felony, and willful injury resulting in serious injury, a Class C felony.

According to court records, Viers had showed up at the victim’s residence on Sept. 9, 2019, while the victim was sitting in his truck.

Viers “began to confront the victim about a flashlight (Viers) was missing,” the police report said. Viers “did not like the victim’s answer and opened the driver’s side door to the victim’s truck and began to punch the victim in the head,” the report said.

Viers “then began to choke the victim, causing him to go unconscious. The victim was able to exit the vehicle and yell for help. The victim sustained bodily injury,” the record states.

A Class B felony is punishable by up to 25 years in prison. By pleading guilty to the lesser Class C felony, Viers was eligible for up to 10 years in prison.

In the plea agreement, the recommended sentence had been up to 10 years in prison, fully suspended, with five years of probation on the burglary charge, and up to five years in prison, also fully suspended, with five years probation on the assault charge.

But Floyd County District Court Judge DeDra Schroeder on Monday sentenced Viers to up to 10 years in prison on the second-degree burglary charge and up to five years in prison on the assault charge, with the times to be served concurrently and with credit for time already served while he was awaiting trial.

Schroeder also fined Viers $1,000 and $750, with both fines suspended.

The judge is not required to follow the sentencing recommendations in a plea agreement.

As part of the agreement the defendant acknowledges that “any plea agreement or sentencing recommendation is not binding on the court, and, at the time of sentencing, the court can impose any sentence it finds appropriate, up to the maximum allowed by law.”