Sentences different for burglary, assault convictions

By Bob Steenson, bsteenson@charlescitypress.com

One Charles City man was sentenced Monday to up to 25 years in prison and another was given the opportunity for a deferred sentence for their involvement in an incident that injured a man in February 2018.

Isaac Charles Brown, age 30; Eric D’Andre Sanders, age 27; and Dontrale J. Gaston, age 29, were each charged with first-degree burglary, a Class B felony, and willful injury resulting in serious injury, a Class C felony, for their alleged involvement in entering a home in Charles City without permission and becoming involved in a physical altercation with people in the home.

Brown was charged with striking a man in the home with a Corona beer bottle and a space heater, causing serious injuries. Sanders and Gaston were also charged in the burglary and being involved in the assault.

Gaston pleaded guilty to second-degree burglary, a Class C felony, and was sentenced on June 25, 2018, to up to 10 years in prison, suspended; a $1,000 fine and 35% surcharge, suspended; various fees; and placed on probation for three years.

Brown and Sanders pleaded not guilty and were tried together in Floyd County District Court in February 2019.

The jury found Brown guilty as charged, of first-degree burglary and willful injury resulting in serious injury.

The jury found Sanders guilty on lesser charges, of second-degree burglary, a Class C felony, and assault with intent to commit serious injury, a serious misdemeanor.

Attorneys for both Brown and Sanders filed several motions over the course of the next several months, asking for new trials, a directed verdict of acquittal or an arrest of judgment.

Roger Sutton, of Charles City, Sanders’ attorney, argued that the evidence did not show his client entered the residence without permission. Sutton said Sanders was asked to come into the residence because of the altercation going on with the other residents, so there was no burglary, and there was no evidence that the victim was harmed because of Sanders’ actions.

Nellie O’Mara, of Mason City, Brown’s attorney, argued that the court had erred by allowing certain testimony and that the prosecution had called a scar received by the victim a permanent disfigurement, which was a question for the jury to decide.

She also argued that her client, Brown, had permission to enter the home, so it was not a burglary.

On Monday morning, Judge Colleen Weiland ruled on the defense motions and denied them all.

Each of the claims made by the defense attorneys in their motions was contradicted in some manner by other witnesses, Weiland said.

“It’s left to the jury to determine what evidence they found credible, what witnesses they found credible, what testimony to disregard, what testimony to take seriously, and to weigh all that in deciding what verdicts to come to,” she said.

“I sat, listened and watched that evidence as well. I was not alarmed by the jury verdict. I did not think that it was a verdict that could not be supported by the evidence. I didn’t think it was contrary to the weight of the evidence,” Weiland said in denying the motions.

In sentencing Brown, Weiland acknowledged that state sentencing guidelines do not give her much discretion on these charges.

She sentenced him to up to 25 years in prison on the first-degree burglary charge and up to 10 years in prison on the charge of willful injury resulting in serious injury, a $1,000 fine plus 35% surcharge, restitution, plus fees, and extended a no-contact order with the victim.

The prison terms are to be served concurrently, meaning at the same time.

For Sanders, Floyd County Attorney Rachel Ginbey recommended a sentence of up to 10 years in prison, suspended, five years probation and placement at a residential facility such as BeJe Clark in Mason City on the burglary charge, and on the assault charge recommended 60 days in county jail.

Sander’s attorney, Sutton, asked that his client be given a deferred sentence on the felony burglary charge, meaning that if Sutton meets all the terms of his probation the conviction would be wiped from his public record.

Weiland noted that Sanders has no prior felony history and very little misdemeanor history.

“That’s significant to me,” Weiland said.

“The evidence against Mr. Sanders in this criminal trial was much less damning, so to speak, than that against Mr. Brown, meaning he was less culpable in what went down that day,” she said.

“That’s not to say that I think it’s OK Mr. Sanders assaulted (the victim) or participated in these events. I just don’t think we need to worry about him like we might need to worry about Mr. Brown in the area of community safety or future behavior,” Weiland said.

She deferred judgment on Sanders, placing him on probation for three years; fined him a $1,000 civil penalty, suspended; plus fees on the burglary charge.

On the assault charge, she sentenced him to 60 days in the Floyd County Jail, a $315 fine plus 35% surcharge, plus other fees.

“I hope you can enter probation with an open mind and it can be beneficial to you,” Weiland told Sanders.