Man sentenced for 'vicious attack'
By Patrick McArdle
STAFF WRITER | January 31,2013
BENNINGTON — A Gage Street man was sentenced to a two to four years in prison on Monday after pleading guilty to what a prosecutor called a “vicious attack” on a woman in Pownal in July.
Kyle J. Ware, 20, of Bennington, pleaded guilty in Bennington criminal court on Monday to a felony charge of second-degree unlawful restraint, but his sentence on that charge was deferred for five years, which means that if he has no further legal trouble in that time period, the charge will not remain on his record.
Ware also pleaded guilty to misdemeanor charges of domestic assault, interference with access to emergency services, being a minor in possession of alcohol and two misdemeanor counts of unlawful mischief. The overall sentence for Ware, who has been in jail since July, is two to four years but he was pre-approved for furlough.
A felony charge of kidnapping was dismissed by the state on Monday.
The charges were filed based on the complaint of a woman who said she had been at a party with Ware in Pownal.
She said the two had begun arguing and he kept her from leaving the home and assaulted her.
When she was able to get out of the home, Ware followed her outside and punched her car’s windshield, causing it to break.
During the sentencing hearing on Monday, Ware declined to say anything to the judge before being sentenced by Judge Cortland Corsones.
Acknowledging Ware’s attorney’s description of his client as a dean’s list college student and model prisoner, Corsones still cautioned Ware to take the conditions of his probation seriously.
“If you’re the kind of person that everybody says you are, everybody believes you are, that’s not going to happen.
You’re going to do well and hopefully get back in college and be able maybe at some point to put this behind you and once again be a productive citizen,” he said.
Jennifer Barrett, a deputy state’s attorney for Bennington County, said the woman was not in court on Monday but Barrett said she was “in support of this (plea) agreement for the most part.”