AUGUSTA — An Augusta woman convicted of aggravated assault for cutting a man’s hand with a knife during a tussle, who could have been sentenced to up to 10 years in prison, received a sentence with no jail time after a dozen people testified on her behalf at her sentencing Wednesday.

An emotional Kiana Green, 26, the mother of two sons ages 5 and 6, said she took responsibility for and apologized for her crime. She said she wants the best for the victim, her ex-boyfriend, and that she is already in counseling for anger management, urging Justice William Stokes to show leniency so she can continue to support her sons, pleading to him “Please don’t take me away from my babies.”

Stokes agreed to a sentence that, as long as Green complies with the terms of her probation for the next three years, will not result in her being imprisoned.

“I will not separate you from your boys,” Stokes said, as many of Green’s supporters expressed relief Wednesday in a courtroom at the Capital Judicial Center. “I know it is an unusual sentence, but if there were ever a case for a fully suspended sentence, this is it. I don’t think putting you in a jail cell accomplishes a damn thing, and could do some harm. You made a real bad call that day. But it’s clear that is not who you are.”

She was sentenced to two-and-a-half years imprisonment, with all of that time suspended, and three years probation with conditions including she continue her counseling, perform two hours of community service a month for the duration of her probation, complete a batterers intervention program, and have no contact with the victim, Gary Davis.

Green, who now has a felony conviction on her record, not only had no prior criminal record before the incident, testimony revealed Wednesday, she doesn’t even have any violations on her driving record.

Numerous co-workers of Green, who works in the motor carrier division of the state Bureau of Motor Vehicles, as well as friends and neighbors, many of them in tears, vouched for her, describing her as an intelligent, generous and caring friend, a hard and driven worker, and an empathetic and wonderful person and parent who does everything she can to raise her sons properly.

“Kiana is the type of friend you want in your corner, she’s always putting others first, always willing to help when needed, whether that’s with a ride, a meal or a place to stay,” said her neighbor, Heidi Lincoln. “She’s loyal, honest and empathetic. Kiana is the glue of her family’s foundation. Every month she makes sure her father’s bills are paid in North Carolina, all while she’s living here in Maine working full time and taking care of her babies.”

The dozen people who testified on her behalf included Robin Miller, court advocate for the Family Violence Project, and Nan Bell, a co-facilitator of Respect Me, a batterers’ intervention program which Bell suggested as an alternative to jail time.

Miller said Green has been upright and truthful and acknowledges she made a mistake by returning to the apartment where she confronted Davis and, in the ensuing altercation, he was cut by a knife she had picked up as they fought.

State prosecutor Michael Madigan, assistant district attorney, argued for a sentence of three and a half years, with all but 15 months of that suspended.

He argued too light of a sentence would be inequitable to others sentenced to more time for similar crimes and not be effective as a deterrent, and that Green had not accepted responsibility for her conduct. He also noted she did not plead guilty to the crime, she was found guilty following a jury trial.

“There has to be consequences and those have to be in keeping with the consequences” for others convicted of the same crime, Madigan said.

“In 25 years I have never seen a sentencing as moving and thoughtful as what I witnessed today,” McKee said after Stokes issued Green’s sentence.

Green cut Davis, with whom she’d had an on-again, off-again relationship, on his hand in a Dec. 11, 2018, incident on Crosby Street Place in Augusta. It was  in the apartment of Green’s sister, where Davis was staying at the time.

Police said Davis was cut with a large, purple-handled kitchen knife Green had in her hands as the two fought with each other.

Green and Davis, according to testimony in the jury trial, were in an altercation which began when Green threw a cup of water on Davis while he slept on a couch in the living room, after he had called her stupid in a previous phone conversation.

The incident, which witnesses described as a tussle, then moved into the apartment kitchen where Davis grabbed Green by her arms.

From there trial testimony about what happened diverged, with Green saying she grabbed a handful of utensils from a dish drainer on the counter which happened to contain the knife that ended up cutting Davis. She said she didn’t see how Davis got cut but said it must have been as she was struggling to pull away from him. She said she picked up the utensils, including the knife, to defend herself because she was scared of him and what he might do to her.

Davis said at trial Green opened a kitchen drawer and removed a knife and, as they struggled, she tried to slash at him with it. He said he lunged at her to try to get her to drop the knife. As they tussled with each other, Davis grabbed Green’s arms, and he was cut on his hand.

They stopped fighting and Davis said he sat on the floor and Green left the apartment and went to her apartment on New England Road. Davis later was taken to the hospital, by ambulance. Green, 26, was arrested by Augusta police on a charge of aggravated assault.

Davis did not attend the sentencing.

Green’s sentence includes the requirement she pay $1,139 in restitution for Green’s medical bills at MaineGeneral Medical Center, and $657 to the city of Augusta for his ambulance ride.

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