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Delavan man receives 2 years in jail for attack

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Gerard Petrone

ELKHORN — Gerard W. Petrone said he wishes he could take back his actions of July 14, 2007, the night he broke into a man's home, beat him with nunchuks and threatened to kill him.

"There's no explanation I can give you that would justify my actions," he said. "It was a complete mental and emotional breakdown, and if I hadn't been drinking, it wouldn't have happened."

Petrone asked Walworth County Judge James Carlson on Thursday for another chance.

"It won't be wasted," he said. "I'm ready to make a complete change. There's no longer room in my life for drugs, alcohol and anger."

Carlson sentenced Petrone to two years in jail and 8 1/2 years probation. Petrone spent 14 months in jail while his case was pending, leaving 8 months of jail time, which he won't begin serving until he completes drug and alcohol treatment at Mt. Zion House in Lake Geneva.

Petrone broke into Michael Murphy's home in Delavan and beat him with nunchuks—a Japanese martial arts weapon consisting of two wooden sticks attached by a rope or chain—because his ex-girlfriend was there and he wanted her at home, according to the criminal complaint. Petrone and his ex-girlfriend were living together as friends.

Petrone said to Murphy, "I'm going to kill you (expletive)."

Murphy suffered a severe cut to the head and a broken wrist, and he was treated and released from the hospital that night.

District Attorney Phil Koss acknowledged Petrone has taken responsibility for his actions since he's been in jail.

"He's done all the right things," he said.

Koss said Petrone has "gone to great lengths" not to assess blame on anyone but himself.

"But no matter what, it doesn't justify or even explain what Mr. Petrone did that night," he said.

Koss called the incident "incredibly violent" and "too serious" for probation.

But defense attorney Stephen Kramer said "it was a perfect storm" that caused Petrone to break into Murphy's home, beat him and threaten to kill him. He described the incident as "a love triangle fueled by his drug use, his alcohol use and a longstanding abuse of both."

Petrone has been in custody for about 16 months. Kramer said Petrone has used that time productively.

"It's his fault, and he knows that all the things he was doing probably brought him here," he said.

Kramer said the incident was an "aberration."

"We have a unique opportunity to provide someone with a real, beneficial transition, a meaningful transition," he said. "Why not take a chance on this individual?"