Wednesday, January 27, 2010

Man gets jail for battering girlfriend

Felony domestic case pleaded down


By TERRY SMITH
Express Staff Writer

John A. Kocalis

A Ketchum man has been sentenced to 30 days in jail after pleading guilty to a misdemeanor charge of domestic battery.

John A. Kocalis, 54, was originally charged with felony domestic battery but the case was pleaded down to a misdemeanor in accord with a plea agreement with the Blaine County Prosecuting Attorney's Office. A misdemeanor charge of intentional destruction of telecommunications equipment was dismissed.

Sentence was pronounced in late December. However, Kocalis was given until April 5 to report to jail. According to court records, the jail sentence was delayed to give Kocalis time to undergo pending back surgery.

Magistrate Court Judge Jason Walker also placed Kocalis on 24 months probation, ordered him to pay $717.50 in fines and court costs and to undergo counseling. He is ordered to abstain from alcohol consumption while on probation.

Walker also authorized work release for Kocalis once he begins his jail sentence.

The case against Kocalis dates to Aug. 28, when Ketchum police were called to a disturbance at a residence on east River Street. Deputy Christopher Burks wrote in a probable-cause affidavit that officers found evidence of an altercation at the home, including broken furniture and a disabled telephone.

Burks wrote that Kocalis was bleeding from a cut on his right index finger knuckle and that the girlfriend had swelling and bruising on the left side of her head. Burks alleged in the affidavit that Kocalis struck the woman "with a closed fist to cause her injuries."

According to the affidavit, Kocalis and the woman lived together at the home and their fight that night started over a disagreement about a Michael Jackson movie.

"Kocalis said he told [his girlfriend] the movie was stupid and Michael Jackson was a pedophile," Burks wrote in the affidavit.

Burks didn't report on how the fight escalated from there, but wrote that Kocalis told him he was "defending himself." Burks also reported that Kocalis "had a small bump on the backside of his head."

Terry Smith: tsmith@mtexpress.com




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