The Juneau Empire has reported that a heavyweight boxer has pleaded guilty to reduced charges of assault, and received a lessened sentence, after the victim allegedly appeared drunk in court and gave testimony in matters she was warned against.
R.R.W., 44, allegedly placed a woman, 49, in a chokehold, until rendering her unconscious, in a downtown alley on April 5, 2010.
R.R.W., whose last boxing match was in 2009, pleaded guilty to two counts of fourth-degree assault – a fourth-degree assault is a class "A" misdemeanor offense.
In a plea bargain accepted by Juneau Superior Court Judge Philip Pallenberg, R.R.W. will be facing 18 months in jail. The first 12 months of time is for the first count and the remaining six is for the second – but the time will be served consecutively and without probation.
Originally R.R.W. was charged with more severe felony charges: A grand jury had indicted him on December 3 for second and third degree assault.
Second degree assault is a class "B" felony warranting a maximum 10 year sentence and a third-degree assault is a class "C" felony that carries a 5 year maximum.
But, on the second day of the proceedings, the behavior of the victim in the court ultimately caused Pallenberg to declare a mistrial. The victim had allegedly been drinking prior to appearing in court and made several outbursts.
Pallenberg's notes read that the victim was, "visibly intoxicated."
The victim appeared with slurred speech, smelled of alcohol – detected six feet away by Pallenberg – and was unsteady on her feet as she approached the witness stand.
During the cross examination process, the victim blurted out R.R.W.'s prior sexual abuse conviction – though she had been told that that information was not to be revealed in front of the jury.
Instead, without heed to the court's instructions, the victim said, "That (expletive) testified (during the grand jury hearing) that he never sexually abused anybody before and his first crime was sexual abuse in the second degree."
Pallenberg, in agreeing with R.R.W.'s defense attorney that the information could not be totally disregarded by the jury, said, "I think one can't unring the bell…I don't think that Mr. (R.R.W.) can really have a fair trial here in light of that information being put in front of the jury."
Once outside of the courtroom, District Attorney David Brower, said that the victim "was "intoxicated, she had an outburst that caused the trial to end, and her demeanor after that was such that the state didn't feel it could go forward."
By way of explanation for her behavior the victim said, "I was really stressed out. When I knew the trial was coming up I couldn't barely handle it. I should have been sober that day. I think that would have gotten a stronger conviction."
The incident occurred when the victim confronted R.R.W. outside of her apartment complex's laundry room, upset that he had returned after police had thrown him out after an argument with his girlfriend. She claimed that the boxer put her in a "wrestler's grip", she blacked out, and later woke to find herself undressed to the waist.
Contact a criminal defense attorneyif you are being charged with one, or more, criminal counts so that you are prepared once you enter the courtroom.
