TERRE HAUTE —
A West Terre Haute man received a 10-year prison sentence Friday after pleading guilty to aggravated battery for beating a friend caught in bed with the man’s wife.
Alan Dove, 35, was ordered during a sentencing hearing in Vigo Superior Court 6 to serve four years in prison, four years in the work release program of community corrections and two years on formal probation.
With credit for the 596 actual days that Dove has served in the Vigo County Jail since his arrest, only 134 days remain on his prison term before the work release term begins.
Judge Michael Lewis said he assigned Dove to the work release program because of the $12,142.40 in restitution that needs to be paid to the victim to cover nine weeks of lost wages because of the beating.
A 10-year prison term was the presumptive sentence for the class-B felony charge, which carries a sentencing range of six to 20 years in prison.
The judge noted Dove’s apology to the victim, who was in court for the sentencing. But Lewis said Dove’s reaction when he found his wife in bed with his friend was not proper.
“The proper thing to be done would be to file for divorce against your wife,” Lewis said, “not beat him until he was almost dead.”
Dove was arrested June 25, 2010, by West Terre Haute Police investigating what appeared to be the attempted murder of a man in the 100 block of South Fourth Street. The victim was taken to Union Hospital then transported to an Indianapolis hospital with skull and facial fractures, and bleeding of the brain. From Dove’s semi-truck, police recovered a large flashlight believed to be the weapon used in the beating.
Dove was initially charged with burglary resulting in bodily injury, aggravated battery and domestic battery. He pleaded guilty Nov. 30, 2011 to the aggravated battery charge and left sentencing open for the judge’s determination.
Chief Deputy Prosecutor Rob Roberts called the incident a “brutal and savage attack.” Roberts requested a 16-year sentence because of long-lasting harm caused to the victim.
Defense Attorney Christopher Shema argued that Dove had no other prior criminal history, and that Dove is unlikely to commit a similar offense in the future.
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Man gets 10-year sentence in battery case
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