A Marietta man with a history of assault and resisting arrest charges was sentenced Wednesday in Washington County Common Pleas Court to six months in the Washington County Jail for attacking a Beverly Police officer who was trying to arrest him.
Delmar E. Wittekind II, 43, of 1486 Hanna Road, had been driving drunk when Patrolman Bradley Oliver of the Beverly Police Department stopped him July 19 for failing to stop at a stop sign.
When Oliver tried to arrest him, Wittekind fought back, repeatedly punching Oliver, knocking away his radio and attempting to grab his weapon.
Wittekind pleaded guilty Nov. 12 to a fourth-degree felony count of assault of a peace officer. He had also been indicted on a third-degree felony count of intimidation out of the incident for threatening to come after Oliver's family upon his release. The intimidation charge was dropped as part of the plea agreement. Wittekind also pleaded guilty to the OVI charge and was sentenced to 30 days in jail, to run concurrently to the other sentence he was given.
Wittekind apologized Wednesday for the crime and indicated that it was an isolated incident.
"I was under a lot of stress. We had just found out two days earlier that my father has stage four lung cancer...I was just stressed. I have diabetes and my sugar was low," he said.
Wittekind also said he rarely drinks and does not plan on drinking in the future.
"I don't drink. I won't have no problem with never drinking again," he told Washington County Common Pleas Court Judge Randall Burnworth.
However, Washington County Assistant Prosecutor Kevin Rings argued the incident was just the latest in a long series of similar crimes.
"His prior record begins in October 1988, less than six months after he turned 18, with aggravated menacing, OVI and disorderly conduct charges...We've got 15 to 25 years of almost uninterrupted conduct of this assault and menacing type of behaviors," he said.
Rings requested a prison sentence for Wittekind, arguing he was eligible because the crime caused physical harm to a victim.
Burnworth also rebuffed Wittekind's claim that the incident was an isolated incident.
"In the court's count, there are nine prior criminal events that appear to be this assaultive, menacing, resisting arrest type charges," he said.
Burnworth agreed that Wittekind was prison eligible, but instead gave him a six-month prison sentence and three years of community control.
He also ordered Wittekind to address some apparent addiction problems following his release from jail.
"At the conclusion of your jail term, you're to be assessed by L&P (Services) for drug and alcohol addiction and follow any recommendation they make," said Burnworth.
Wittekind was given jail credit for 11 days already served.