A 32-year-old Allegan man facing his third domestic assault charge pleaded guilty to assault by strangulation and lesser charges during a hearing on Monday, Oct. 2, in circuit court before Judge Margaret Zuzich Bakker.
Nestor J. Martinez appeared in court by video from the Allegan County jail. He said on June 16, at a residence in the 300 block of 12th Street in Plainwell, he got into an argument with a woman with whom he was in a relationship.
The argument proceeded to get worse and he pushed the woman numerous times and put his hands on her throat restricting her airway. He said the woman did not lose consciousness. During the course of the evening, he said he had a butcher-type kitchen knife present while arguing with her.
Martinez also told the judge he had two prior domestic assault convictions in 2010 and 2006.
Martinez pled guilty to one count of assault with intent to commit great bodily harm or strangulation, which has a maximum sentence of 10 years in prison; third offense domestic assault which has a maximum sentence of five years in prison; and assault with a dangerous weapon, which has a maximum sentence of four years in prison.
As part of the plea agreement, charges of third degree criminal sexual conduct involving force or coercion; another count of assault with intent to commit great bodily harm or strangulation; and as a habitual offender third offense, were dropped.
Prosecuting attorney Roberts Kengis agreed with the minimum guideline recommendation sought by Martinez’s attorney Matthew Antkoviak for 43 to 76 months in prison for the assault by strangulation. The other two charges would be of a lesser sentence.
Bakker accepted the plea and set a sentencing hearing for Monday, Nov. 27, at 9 a.m.
Virginia Ransbottom can be contacted at (269) 673-5534.
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