By Michael Schaffer - Managing editor
An 18-year-old Appanoose County man was sentenced to state prison for his involvement in a fight in August.
Joshua Michael Simmons, of Centerville, voluntarily entered a negotiated guilty plea to and was found guilty of the lesser offense of willful injury — causing bodily injury, a class D felony, on Oct. 29.
The same day Judge Daniel P. Wilson sentenced Simmons to five years in prison, with 80 days credit for time served and a $750 fine. The judge imposed a 35 percent surcharge plus he ordered Simmons to pay the costs of prosecution, court-appointed attorney fees and restitution. Simmons was ordered to pay the Appanoose County Jail $50 for each day he was incarcerated plus $385.62 in medical expenses.
Simmons was ordered to have no-contact with the victim in the case, Karl Schmidt.
According to court records, Simmons on Aug. 20 at 11:21 p.m. first in the 200 block of E. Van Buren Street then in the 300 block of E. Washington Street repeatedly punched and kicked Schmidt who required medical attention for a laceration to his left ear and he had swelling on the left side of his face around the jaw area.
Simmons was arrainged on Oct. 12 on one count of willful injury — causing serious injury, a class C felony, which is punishable by up to 10 years in prison and a $10,000 fine.
State's Exhibit No. 1 was a list showing where Simmons had been charged with assault twice in 2005 and once each in 2006 and 2007.
The court dismissed a charge of fifth degree theft against Simmons.
