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LISBON -- A Salem man accused of punching a woman in the face with brass knuckles during an assault last fall was sentenced to six to nine years in prison after opting to enter a plea Wednesday instead of continuing with a jury trial.
Robert Kastanek, 41, North Madison Avenue, pleaded guilty to one count of felonious assault, a second-degree felony, shortly after the lights came back on in Common Pleas Court at the downtown Columbiana County Courthouse.
County Assistant Prosecutor Tammie Riley Jones, who handled the case along with county Assistant Prosecutor Christopher Weeda, said the power went out at 8:30 a.m. just after she stepped off of the elevator on the second floor, with jurors slated to arrive by 9 a.m. to continue the trial which started Tuesday morning.
She estimated the power was off for 20 to 25 minutes, with jurors in the dark as they reported for duty. The courthouse generator kicked on, but only provided limited power in certain areas of the building.
She said Kastanek's defense attorney, Jim Wise, advised that his client wished to enter a plea and signed the paperwork, so with the lights back on, Judge Scott Washam, the attorneys and Kastanek moved to the other courtroom across the hall for the plea and sentencing. The jurors remained in Washam's courtroom and were dismissed after everything was over.
The prosecution had recommended a term of seven years, but Washam sentenced him to six years. The charge required an indefinite sentence, resulting in the range from at least six years up to nine years. The three years in addition to the six years will be up to the discretion of the Ohio Department of Rehabilitation and Corrections. The extra time is equal to half of the sentence given and added to the sentence. In this case, the sentence was six years and half of that is three, bringing the total possible to nine years.
He was given credit for 197 days already served.
Kastanek was originally indicted for two counts of felonious assault, but the prosecution recently dismissed one count.
He was accused of punching the woman in the face multiple times, using brass knuckles, and stomping on her ribs while she was on the ground on Sept. 18, 2024 in Salem.