Couple gets deferred sentence for assault

By Stephen Betts, BDN Staff
Posted Nov. 02, 2012, at 11:45 a.m.

ROCKLAND, Maine — A couple received deferred sentences Thursday in Knox County Superior Court for entering the home of a South Thomaston man and assaulting him.

David Earl, 32, of South Thomaston and Paige J. Kurowski, 41, of South Thomaston pleaded guilty to aggravated criminal trespass, assault and criminal mischief. Charges of burglary against both Earl and Kurowski were dismissed.

Under an agreement reached between the district attorney’s office and defense attorney, and accepted by Justice Jeffrey Hjelm, the felony aggravated criminal trespass charge will be lowered for both defendants to a misdemeanor criminal trespass charge if they refrain from additional criminal activity during the next 12 months.

Earl will serve seven days in jail if he adheres to terms of the deferred disposition.

If there is a violation of the agreement, the felony charge will remain and the judge will be free to impose a longer sentence for Earl.

Kurowski will serve 30-60 days in jail if there are no further problems in the next 12 months. Her sentence would be more severe because she also was charged with assault, terrorizing, criminal mischief, and violating a condition of release in August in South Thomaston. The longer sentence would be for all the offenses.

According to Assistant District Attorney Christopher Fernald, the victim in the first case would have testified that the pair of defendants kicked in the door to his home and assaulted him. The victim also told police that Earl ripped out his telephone and Kurowski broke a mirror.

The pair also was ordered to pay restitution to the victim.

Fernald said the agreement was reached with the defendants because witnesses also likely would have testified that the victim had gone to the home of a relative of Earl and made inappropriate comments. The prosecutor said the history between the two could have created a problem for the state’s case during a trial.

Defense attorney Dale Lavi agreed saying in court Thursday that the victim had gone to Earl’s 70-year-old mother’s house earlier in the day and made threats.

Lavi also noted that Kurowski has reported to police on numerous occasions that the victim, who lives on the same road, has repeatedly harassed them and made obscene gestures and inappropriate comments when passing by.

Fernald said the victim initially supported the agreement with Earl but voiced opposition to it after it had been offered.

Justice Hjelm accepted the sentencing agreements, citing the other factors in the case.

http://bangordailynews.com/2012/11/02/news/midcoast/couple-gets-deferred-sentence-for-assault/ printed on July 28, 2014