50-year-old Kevin Fuller, represented by Ryan Healy, was sentenced Tuesday afternoon in 4th Judicial District Court. Originally charged with kidnapping, per a plea agreement with the State, the charge was amended to Felonious Restraint, to which Fuller plead Guilty on September 16th, 2010.
No witnesses were called during the sentencing. Prosecuting attorney Matt Redle recommended that the Court issue the sentence per the plea agreement. Also, no Victim Impact Statement was issued; Redle indicated that Ms. Turner [the victim] supported the terms of the plea agreement as they currently exist.
Redle also told the Court that while a significant portion of the incident had been caught on tape, a lot of the information relied on Ms. Turner’s testimony. He noted that the Defense was prepared to discredit Turner, to which the State conceded.
Healy concurred with Redle, and said that Fuller’s “criminal history” stemmed from allegations of domestic violence, assault and kidnapping – all of which were dismissed. Healy said that Fuller was not a violent man by nature. Fuller had told Judge John Fenn that he was receiving treatment for mental health issues.
The case drug out in Court longer than usual because of competency issues that were raised by Fuller's attorney, which prompted the Court to grant several mental competency evaluations that were conducted on the defendant. At times throughout the hearing process, Fuller seemed to appear confused and disoriented, yet his competency evaluations continued to indicate that he was competent to stand trial and understood the charges that were brought against him.
Judge Fenn asked Fuller if he had anything to say, to which he replied, “I’m sorry to have to come to this point. I don’t really have anything to say. I’ll roll with the punches, I guess.”
Judge Fenn then sentenced Kevin Fuller to 2 to 4 years in prison and told him that substance abuse treatment was available to him in prison, but it was up to Fuller to pursue it. Fuller was also given credit for 475 days that he has served in the Sheridan County Detention Center.