Wednesday, December 18, 2024
46.0°F

Teen sentenced to prison for attack

by Keith Kinnaird News Editor
| May 5, 2012 7:00 AM

SANDPOINT — A Denver teen who pleaded guilty to committing a violent attack on a Bonner County woman was sentenced Friday to 15 years in adult prison.

Joseph John Martin will serve less than three years before he can be considered for parole, according to the terms of the sentence imposed by 1st District Judge Steve Verby.

Verby called Martin’s attack on Vera Gadman “heinous” and said the sentence needed to serve as a deterrence to others.

“The punishment must fit the crime to some extent,” said Verby.

Bonner County Prosecutor Louis Marshall recommended the maximum punishment of seven to 20 years due to the level of violence in the blitz on Gadman and its predatory nature.

“This was an unprovoked attack on a completely innocent person,” said Marshall.

Martin’s Sandpoint defense attorney, Bryce Powell, asked the court to impose a blended sentence composed of a suspended adult prison term and an indeterminate period of incarceration with the Idaho Department of Juvenile Corrections until Martin reaches the age of 21.

Powell said studies by the U.S. Department of Justice and Centers for Disease Control & Prevention have consistently shown that incarcerating juveniles in adult settings has proven to be counterproductive as a deterrent because it tends to heighten the risk of recidivism.

“He does not need guidance from the general population at the Idaho state penitentiary,” said Powell.

But Verby disagreed with Powell’s position that the court would have jurisdiction over Martin until he’s 21. Verby held that he could only direct incarceration of Martin until he’s 19 and any further incarceration would be at the discretion of a custody review board.

“That I do not find acceptable,” said Verby, who pointed out that Martin is about to turn 18 and could potentially end up only serving slightly more than a year.

Gadman, 66, was set upon by Martin and alleged accomplice Marshall Owens Dittrich in July of last year. Martin and Owens, also 17, were hitchhiking when Gadman encountered them near Clark Fork and agreed to give them a lift to Hope.

The attack unfolded upon their arrival to the peninsula.

As Gadman sat in the front seat of her vehicle, Martin used his arm to choke her into unconsciousness from the back seat. When she came to, Martin had wrapped a rope around her neck and landed blows to Gadman’s face. She was also hit repeatedly with a glass bottle on the crown of her head until the container shattered.

“I believed that I was going to die,” Gadman said in her statement to the court.

But Gadman managed to break Martin’s grip, unlatch the door handle and escape the vehicle. Martin and Dittrich then threw large rocks as she crawled away, one of which shattered her right wrist. A bruised and lacerated Gadman stood, faced her assailants and screamed for help.

Martin and Dittrich fled, but were apprehended in a law-enforcement dragnet.

During his remarks to the court, Martin expressed amazement at the lasting impacts to Gadman and said punishment was in order.

“I feel terrible. I never really thought about the effects of my actions,” said Martin.

Although Verby settled on adult incarceration, he emphasized that a juvenile facility is not necessarily the soft option because there are hardened criminals and access to illicit drugs in the juvenile corrections system as well.

“There must be a feeling justice is being done,” said Verby.

Marshall said he was pleased the court partially adopted the state’s recommendations in the case given the seriousness and premeditation of the offense.

“It is one of the worst crimes I have seen as the Bonner County prosecutor and I had no qualms in asking for the maximum sentence of 20 years with seven years determinate,” said Marshall.

Marshall is hopeful the sentence imposed by Verby will send a message that violent crime will not be tolerated, even if it is perpetrated by a youthful offender.

Dittrich, a 17-year-old from Danville, Calif., is scheduled to be tried in 1st District Court in June.