Plea agreement in 'magic trick' assault case

A May 28 plea agreement might keep a 30-year-old Coram man facing a felony assault charge out of prison.

Dustin Abbey was arrested Jan. 23 after a “magic trick” sent a man to North Valley Hospital with facial fractures. According to court records, Abbey asked the victim if he wanted to see a magic trick. Abbey then allegedly held a handkerchief over the man’s face and struck him in the face several times. A witness allegedly confirmed the victim’s version.

Abbey has been convicted of felony charges several times in the past, including an aggravated assault charge on a law enforcement official in 2009. His bond was set at $30,000 in the most recent assault case, and he was sent to the Flathead County Detention Center.

On May 28, Circuit Court Judge Roy Gotham, of Gogebic County, Mich., requested Abbey’s presence at a March 14 homicide trial where he was a material witness. Abbey apparently spoke with the alleged homicide victim while sitting in jail on a DUI charge and later spoke with the alleged murderer over the phone.

Flathead County District Court Judge Robert Allison approved Judge Gotham’s request but noted that since Abbey was in jail, Michigan would have to send agents here to transport him to Gogebic County.

After Abbey returned, the Flathead County Attorney’s Office offered him a plea agreement in which the felony aggravated assault charge would be dropped in exchange for a felony criminal endangerment charge. The state said it would recommend a five-year suspended sentence. He had faced up to 20 years in prison and a $50,000 fine with the initial charge.

Abbey pleaded guilty to the amended charge on May 30. A sentencing hearing is scheduled for July 18.