AUGUSTA — An Augusta man who cut another man with a broken beer bottle during a fight pleaded guilty Wednesday to aggravated assault.
Joshua G. Devito, 26, was sentenced to four years in jail for that and several other crimes, but with all but six months of that time suspended.
Devito was allegedly threatening people with a glass bottle he broke and swinging it at another man as the two fought May 2 on State Street in Augusta. While swinging the bottle during the confrontation, at one point Devito made contact with the victim’s arm and caused a cut, according to Tyler LeClair, an assistant district attorney.
A witness driving by the incident saw what was happening, pulled his vehicle over and tackled Devito, who was arrested by Augusta police and charged with aggravated assault.
For that crime, Devito was indicted by a grand jury on a class A aggravated assault charge, which would have been punishable by up to 30 years in prison. But, LeClair said, the state agreed to lower the class of crime to B, which is still a felony, but which is punishable by up to 10 years in prison.
Devito also pleaded no contest to a charge that he assaulted another man earlier this year. No contest has the same effect as a guilty plea.
And he pleaded guilty to charges of theft March 10 from Hannaford in Augusta, unlawful furnishing of scheduled drug March 11 in Augusta, criminal threatening May 24 in Augusta, and two counts of violating conditions of release.
The unlawful furnishing charge, LeClair said, stems from a March 11 call in which Augusta police responded to a report of an overdose. A woman, at the time Devito’s girlfriend, had taken suboxone, which Devito later admitted giving her.
In a plea deal, Devito was sentenced Wednesday by Justice William Stokes to four years in jail with all but six months suspended, as well as two years probation.
Devito’s attorney, Matthew Morgan, said Devito was kicked out of the group home he was living in and asked Stokes to waive any fines and fees that could be waived, noting that Devito “is a person who needs help,” but the waiting list to get into other group homes is long.
Stokes agreed to waive all but $170 of more than $1,000 in fines and fees, noting that he wanted Devito, when he is released from jail, to be able to focus his resources on getting back on his feet rather than being faced with a huge debt to the state.
Devito’s probation terms include that he have no contact with the victim in the aggravated assault, undergo counseling, and not possess alcohol, illegal drugs or firearms.
Copy the Story LinkComments are not available on this story.
Send questions/comments to the editors.
