WORCESTER — A fourth man has been sentenced after being found guilty of charges arising from what a prosecutor called a “vicious barroom assault” two years ago in Fitchburg.
Shayne M. Savoie, 38, was sentenced today in Worcester Superior Court to 3 to 5 years in state prison with 3 years of probation to follow on charges of assault and battery with a dangerous weapon (shod foot) and two counts of assault and battery.
The charges stemmed from what Assistant District Attorney Michael D. McHugh said was a June 1, 2010, assault on two men at K.C.'s Bottoms Up bar at 1098 Main St., Fitchburg.
Mr. McHugh said during an earlier court hearing that one of the victims, 19-year-old Sean Paton, was beaten unconscious with a pool cue and was kicked after being knocked to the floor. Mr. Paton's uncle, David Sullivan, was hit over the head with a bar stool when he tried to intervene and continued to be struck after he fell to the floor, according to the prosecutor.
Mr. McHugh said both men were seriously injured in the attack, which was caught on surveillance video, and that Mr. Sullivan's injuries included a broken jaw, a broken orbital bone in his face and broken teeth.
Marco Costa, 39, of 110 Daniel St., Fitchburg, one of four co-defendants in the case, was sentenced June 15 to 8 to 10 years' imprisonment after being found guilty of aggravated assault and battery with a dangerous weapon (bar stool).
Miguel A. Gutierrez, 22, of 1132 Main St., Fitchburg, was sentenced to 6 to 8 years in state prison with 2 years of probation to follow on aggravated assault and battery with a dangerous weapon (pool stick) and assault and battery with a dangerous weapon (pool stick) charges.
Mr. Costa's 35-year-old brother, Virgilio Costa, of 15 Prospect St., Leominster, was sentenced to 2-1/2 years in the House of Correction with 6 months to be served after he was found guilty of assault and battery with a dangerous weapon (shod foot). Judge Janet Kenton-Walker suspended the balance of the sentence for 2 years with probation.
The convictions followed a May 25, 2011, jury-waived trial.
Mr. Savoie was found guilty after a jury-waived trial two weeks ago that was presided over by Judge Kenton-Walker. The judge found Mr. Savoie not guilty on charges of armed assault with intent to murder, aggravated assault and battery with a dangerous weapon and conspiracy.
Mr. Savoie's three co-defendants were also found not guilty of conspiracy after the April 5 trial.
Mr. McHugh recommended to Judge Kenton-Walker today that Mr. Savoie be sentenced to 5 to 7 years' imprisonment with 5 years of probation to begin upon his release. The assistant district attorney said Mr. Paton was lying unconscious on the floor, under a table, when he was kicked by Mr. Savoie.
While his co-defendants were sentenced last June, Mr. Savoie was not charged until October, after he was identified from the surveillance video, according to Mr. McHugh.
Mr. Savoie's lawyer, Patrick K. Burke, asked for a sentence of 1 to 3 years with probation to follow.
Judge Kenton-Walker deferred action on Mr. McHugh's request that the defendants be ordered to pay restitution for Mr. Sullivan's unpaid medical bills, which the prosecutor placed at $18,071, and Mr. Paton's unpaid medical expenses, which Mr. McHugh said amounted to $2,799.
Judge Kenton-Walker said she would revisit the question of restitution Oct. 1 after determining whether any progress has been made in a civil lawsuit filed by Mr. Paton and Mr. Sullivan.
As conditions of probation, Mr. Savoie was ordered to remain drug and alcohol-free and to have no contact with the victims. http://www.telegram.com/article/20120419/NEWS...