ROCKLAND, Maine — A Cushing couple will serve shorter jail terms if they adhere to terms of agreements approved Wednesday in a case that the judge said could have resulted in murder charges if not for the quick medical attention the victim received.
Dalton Cross, 21, and Amber St. Pierre entered no contest pleas to aggravated assault Wednesday in Knox County Superior Court. Cross also pleaded no contest to criminal mischief.
Cross will serve seven months and St. Pierre will serve 120 days if they meet the terms of the agreement over the next year. Both already have served about two and a half months since their arrest on Nov. 8. If they violate the terms of their agreements, their no contest pleas will lead to convictions and a potential for up to five years in prison.
The victim in the case was Cross’ 60-year-old stepfather.
Cross had been ordered to move out of the house, and he had called police to help him retrieve his belongings. But before officers arrived, Cross began damaging a vehicle at the home, according to an affidavit filed by police in the case.
The stepfather came out of the house with a baseball bat and struck Cross on the side, according to the affidavit. Cross and his girlfriend, St. Pierre, then allegedly got into a physical fight with the older man, knocked him to the ground and repeatedly kicked him in the head.
Responding Deputy John Hansen had to perform cardiopulmonary resuscitation on the 60-year-old, who was then taken to Pen Bay Medical Center in Rockport. He was later released from the hospital.
“If medical personnel had not responded so quickly, you could be facing a murder charge,” Justice Daniel Billings said Wednesday to both defendants at their separate hearings.
Under terms of the court agreement, if Cross receives counseling for mental health and anger management issues, pays $1,823 in restitution, and refrains from further criminal conduct, the aggravated assault charge will be reduced to a misdemeanor assault. He will then receive a seven month sentence for the criminal mischief charge and a suspended 364-day jail term for the assault.
The agreement with St. Pierre would have her serve 364 days in jail with all but 120 days suspended and one year of probation with the aggravated assault charge dropped and a simple count of assault replacing it.
Assistant District Attorney Christopher Fernald said the state agreed to the sentencing deals because this would have been a difficult case to try. He said that it would have ended up being a “he said, he said” case and that the victim also had a criminal record that could have raised credibility issues with a jury.
The prosecutor said the victim objected to lowering the aggravated assault charge against Cross to a misdemeanor offense because then Cross would not be a convicted felon and could possess a firearm. Fernald said the victim told him he can guarantee Cross will kill someone with a firearm if he is allowed to have one.
The victim was in the courtroom but did not address the court.
Both Cross and St. Pierre were to be released later Wednesday. They will have one year to meet the terms of their court agreements before sentencing is finalized.