AUGUSTA — A Waterville man who struck a woman with a chair and then held her down with it was sentenced to a suspended three-year sentence with 70 days in jail Wednesday.

The man, Kevin W. Henderson, assaulted the same woman with a hammer in 2015.

Henderson, 50, got a shorter sentence than usual for such a crime, Justice Daniel Mitchell noted, in large part out of concern that if he were to be sent to prison it could disrupt his living situation, medication and treatment for his ongoing mental illness and thus make it more likely he’d commit a similar crime in the future.

Henderson was sentenced to three years in prison with all but 70 days of that suspended, and four years probation. That means if he complies with the terms of his probation, his time behind bars would be 70 days, which he has already served. But if he does not comply with those conditions, he could face up to the full, three-year sentence.

Mitchell agreed with concerns expressed by Henderson’s attorney, John Pelletier, that a prison sentence for Henderson could disrupt his living situation and treatment and medication for his mental health, which could, in turn, result in him committing additional, potentially violent, crimes.

Henderson had stopped taking an antipsychotic medication he’d been prescribed for his schizoaffective disorder after he contracted COVID-19 in 2022 and his treatment provider recommended he switch to a different medication, Pelletier said. Henderson was reportedly suffering a mental health episode when he assaulted the woman with a chair on March 2, 2022, at their Waterville home.

In the roughly three years he’s been out on bail, Pelletier said, Henderson has complied with all conditions of his release and resumed treatment for his mental health, including returning to his prior medications as prescribed. He has an apartment despite the ongoing housing crisis, has maintained his appointments and connected with mental health providers through Kennebec Behavioral Health. Pelletier said he was concerned going to prison could cause Henderson to lose some or all of that, which in turn could allow him to again suffer from mental illness and be more likely to commit crimes.

“I agree in this case, notwithstanding the seriousness of the offense, the best thing for society is if you remain in a stable situation that allows you to stay on your medications,” Mitchell said from the bench to Henderson at his sentencing at the Capital Judicial Center Wednesday. “I reiterate, this is not the sentence this court would (normally) impose for this type of offense. I’m not doing it just for you. I’m doing it because I think, for society as a whole, it’s going to be much better for you” to stay on his medication and with his current treatment providers.

Mitchell also said he thought the likelihood of Henderson committing crimes in the future is going to be reduced by the sentence.

Henderson was convicted of assault on the same victim for attacking her with a hammer in 2015, an incident in which, court testimony indicated Wednesday, he was also suffering from a mental health episode. He was found guilty of misdemeanor assault for that incident in 2016.

Pelletier said Henderson had no charges against him from 2016 until the 2022 incident, and none since. He said when Henderson is off his medications he’s quick to escalate, but he’s taken steps to help control his mental health so similar incidents don’t happen again.

Pelletier acknowledged part of sentencing a criminal is to serve as a deterrent to committing any future crimes, and recognize the impact and pain caused to victims. But he warned a prison sentence, in this case, could increase the chances Henderson would commit new crimes.

“The court doesn’t effectively recognize the pain of victims by imposing sentences that increase the likelihood there will be new victimization in the future,” Pelletier said. “The best sentence in this case, the most effective deterrent, is a sentence that does not disrupt the system of care and his apartment and his connections to the community and system of care that’s kept Mr. Henderson in much better shape than the police reports or forensic analysis suggests.”

Mitchell said a forensic analysis of Henderson indicated he did not meet the standards to be declared not criminally responsible for his actions, but did note his mental health was a factor in his crime.

Amanda Seekins, an assistant district attorney, acknowledged that Henderson’s mental health was a factor in his attack on the woman. She sought a five-year prison sentence with all but 30 months suspended, meaning Henderson would have spent 30 months in prison before being released on probation.

The state agreed to dismiss a Class A charge of aggravated assault, with Henderson pleading guilty to domestic violence assault with priors, a felony-level Class C crime, as well as criminal mischief and refusing to submit to arrest. Class A crimes are punishable by up to 30 years in prison, while Class C crimes are punishable by up to five years in prison.

In the March 2022 incident Henderson struck a woman with a chair and then held her down with it. Seekins said the only injuries she suffered was minor bruising on both sides of her arm from being under the chair. She did not require medical treatment.

Seekins said the victim had indicated she was more interested in Henderson getting mental health treatment than serving time in jail. She said she was in love with him and wants him to get help and continue treatment for his mental health.

“She said he’s not a mean person, not an angry person,” Seekins said. “She wants him to get help, treatment.”

In 2015, also in Waterville, in the city’s South End, Henderson hit the same woman in the head with a hammer. Police said at the time the woman told them Henderson had assaulted her and she had armed herself with a hammer for protection. Henderson took the hammer away from her and hit her in the forehead with it.

His criminal history also includes several charges of simple assault prior to 2016.

Henderson’s probation conditions include that he have no contact with the victim, participate in domestic violence court, undergo psychiatric and substance use evaluations, not use or possess illegal drugs, alcohol, or dangerous weapons, be subject to random searches by authorities, and participate in a domestic violence intervention program.