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'Magic trick' assailant gets suspended sentence

by Hungry Horse News
| September 11, 2013 10:33 AM

A 30-year-old Coram man initially charged with felony aggravated assault was given a five-year suspended sentence after the charge was reduced to felony criminal endangerment in a plea deal.

According to court records, Dustin Abbey was arrested Jan. 23 after a “magic trick” sent a man to North Valley Hospital with facial fractures.

Abbey allegedly 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 account.

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 most recent case took a turn in May when a judge in Michigan requested Abbey’s presence at a March 14 homicide trial where he was a material witness.

After Abbey returned, the Flathead County Attorney’s Office offered him the plea agreement with a reduced charge.

The state also said it would recommend a five-year suspended sentence. Abbey had faced up to 20 years in prison and a $50,000 fine for the initial charge. He pleaded guilty to the amended charge on May 30.

Flathead County District Court Judge Robert Allison sentenced Abbey on Aug. 29.

In addition to accepting the reduced charge, Allison suspended half the fine and half the public defender’s fees and ordered Abbey to complete a chemical dependency evaluation.