Restitution in assault case postponed

A decision on restitution for an assault conviction that took place on June 29 will have to wait a few more weeks for a final decision from the judge.

On Sept. 8, the sentencing hearing for Mark Sobczuk took place in district court. Sobczuk was found guilty on June 29 of misdemeanor assault.

While sentencing was “orally pronounced” by judge Brenda Gilbert, final payment of restitution to the victim, Tim Jensen, will have to wait as the defense prepares a briefing, after a case for precedence was brought up just before the final verdict from the judge. 

“As with the misdemeanor assault charge, I’m sentencing you to six months with the Sweet Grass County detention, and all that time will be suspended except for 115 days,” Gilbert said. “You will receive 115 days credit for the time you’ve already served.”

Gilbert did order on Sept. 8 that Sobczuk pay the fines and court costs, in addition to the restitution. Sentencing costs totaled $595.89, trial costs were $1,331.52 and jury costs were $969.78 for a total of $2,897.19. In addition, Sobczuk will have to pay the restitution costs.

A final, in writing sentencing will take place in about six weeks, after briefings from both parties are through and Gilbert reaches her final verdict on the restitution amount. 

The hearing started with Jensen on the stand, going through each of his medical bills with the state attorney, and going into detail what each bill entailed. The reason there was a hang up in the restitution hearing was over a dispute about Jensen receiving $11,500 in workers compensation. 

Jensen said he was able to pay off loans and other bills equating to $9,100, and essentially pocketed the rest, thinking of it as “pain and suffering” fees.

For more of this story, pick up a copy of this week’s Big Timber Pioneer on newsstands now, or subscribe online at bigtimberpioneer.net.

PHOTO CAPTION: Mark Sobczuk talks with his lawyer at his restitution hearing on Sept. 12 (STEPHEN KALB-KOENIGSEFLD / Big Timber Pioneer).

By STEPHEN KALB-KOENIGSFELD / Pioneer Staff Writer

 

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