SALEM — A Salem man charged with grabbing his frail, 90-year-old great-aunt's hand hard enough to break the skin last month doesn't want to be in Middleton Jail, his lawyer said yesterday.
But that's where both a judge and a prosecutor, who called the incident "a brutal attack on a fragile woman," believe he should stay for at least another year.
Because of that, Shane Davis, 40, who had just pleaded guilty to charges of assault and battery on a person 60 or older, witness intimidation and violating a restraining order, changed his mind and withdrew the plea.
Davis was arrested after the Jan. 7 incident on Barstow Street, where he sometimes stays with his great-aunt.
That morning, the woman had confronted him about his drinking and asked him to leave. When he refused, she tried to call police, but Davis grabbed her hand, prosecutor Jane Prince said.
Linda Morin, a niece of the woman, was in court yesterday to give a victim impact statement. She told Judge Michael Lauranzano that her aunt's hand became infected after the incident and she had to undergo surgery and follow-up appointments.
Stephen O'Malley, who represented Davis, wanted a sentence that would amount to time served and probation, saying his client, who sometimes worked as a commercial fisherman, had been in custody for 51 days.
"He does not want to be in Middleton (Jail)," O'Malley said. "He does not want to see that place again."
But Lauranzano sided with the prosecutor, saying he would impose a 21/2-year jail term, of which Davis would have to serve a year, followed by two years of probation and supervision.
So Davis changed his mind and withdrew his plea. The case will now go to trial.
Morin said in court that other family members have been concerned about Davis taking advantage of his great-aunt's kindness. She urged the judge to impose a sentence so that her aunt can have some time to enjoy life without the stress of dealing with Davis.
"He couldn't control his drinking and his anger with the one person who helped him the most," Morin said.
Courts reporter Julie Manganis may be reached at 978-338-2521 or at jmanganis@salemnews.com.
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