PLATTSMOUTH – A Plattsmouth man who struck a female victim hard enough to cause bruises and bleeding will spend two years on probation for his actions.
Kennin B. Colestock, 40, appeared in Cass County District Court Monday morning for sentencing on a Class I misdemeanor charge. He pled guilty in May to one count of domestic assault-third degree. The state dismissed an additional Class IIIA felony charge of strangulation as part of a plea bargain.
Colestock and a female became involved in a verbal argument during the evening hours of Jan. 23. The argument turned physical just after midnight after the female went to a garage to smoke a cigarette in a car.
Deputy County Attorney Steven Sunde said Colestock reached into the car’s open window and began choking the woman. He then began hitting her in the face several times. Colestock left the area after the assault took place.
The victim called police at approximately 12:15 a.m. and said Colestock had caused physical injuries. A Plattsmouth police officer responded to the scene and observed bruises on the woman’s cheek and blood coming from her mouth and nose. The officer said there were also scratches on the right side of the woman’s chest.
Sunde told the court he felt Colestock was not remorseful about that night’s events. Sunde said Colestock had made statements during a pre-sentence investigation interview that seemed to indicate he was not taking full responsibility for his actions.
“He broke the law,” Sunde said. “He harmed another person and he blames that other person for what happened.”
Sunde also spent time detailing Colestock’s alleged use of marijuana. He said Colestock had admitted taking the drug on a frequent basis in the past.
“If probation is something that the court wishes to do, I’d ask that frequent testing for marijuana be a major part of that probation sentence,” Sunde said. “Otherwise we’re not doing the one thing that needs to be done to address the problem.”
Defense attorney James Owen said he felt his client understood he was at fault for his decisions during the assault. Owen said he had also talked with Colestock about the potential consequences for using marijuana in the future.
“I’ve addressed that with him,” Owen said. “I’ve made clear to him that if he is caught with marijuana then he will come back into this courtroom and he’ll likely get jail time for violating probation. I think he understands that and will abide by all probation terms.”
Judge Michael Smith said he was concerned by Colestock’s actions in the domestic assault incident. He said he would impose additional terms on Colestock’s probation because of this.
Smith ordered Colestock to spend 24 months on probation. He will be required to complete a batterer’s intervention program and attend cognitive behavior therapy sessions. He must pay a $250 fine and all court costs, abstain from alcohol and drugs and submit to random drug tests and searches.