A man who hit two people in the head with a handgun last summer was sentenced to probation with jail time in Rock County Court on Friday.
Michael S. Partee Jr., 25, of 215 Oakland St., Janesville, pointed a gun at a woman, and one witness said he pulled the trigger, but the gun didn’t fire, according to the criminal complaint.
Partee then hit her multiple times about the head and stomped on her, according to the criminal complaint.
He also used the gun to hit a man who intervened in the July 29 incident at a Janesville apartment complex, according to the complaint.
The man told police that Partee’s friends yelled, “Don’t shoot her. Don’t kill her,” when he pointed the gun.
The gun’s clip fell out during the assault, and officers later recovered two .45-caliber bullets at the scene, according to the complaint.
Partee was charged with first-degree recklessly endangering safety but that charge was dismissed as part of a plea agreement.
Also as part of the agreement, Partee pleaded no contest to a string of misdemeanor charges in this and in an unrelated case.
Assistant District Attorney Anne Nack said it might seem “somewhat counterintuitive” to sentence Partee to probation while he is already in jail for violating probation in a previous case, but she said he was taking responsibility for his acts.
Concerns about witnesses—some who have their own criminal records—was part of the decision to make the plea deal, Nack added.
Counseling and treatment for alcohol/drugs and oversight during probation should be enough to protect the public, Nack said.
Nack said Partee had one felony on his juvenile record, and since then it’s been all misdemeanors.
If Partee does not succeed on probation, he could be sentenced to as many as 13 years in prison, Nack said.
Defense attorney Ben Wagner said Partee plans to break his ties to the people who have caused “conflict” in his life.
“As I’m sure you’re aware, there are parts of the community where drug use and drug dealing and violence are par for the course, and he’s looking to get out of that situation,” Wagner said.
Judge Karl Hanson told Partee that probation would give him the opportunity to prove himself to the community.
Hanson said he believes Partee has the ability to so, although it will be difficult.
For the July 29 assaults, Hanson sentenced Partee to three years of probation for two counts of battery while armed, disorderly conduct while armed and bail jumping to be served at the same time as two years of probation for a 2017 case.
Hanson sentenced Partee to the probation and 60 days in jail for the 2017 case in which he was found guilty of battery while armed, carrying a concealed weapon and possession of marijuana.
Hanson gave Partee another 10 days in jail for an earlier case of second-offense intoxicated driving. The jail time will be served after the nine months Partee is now serving after his probation was revoked in a previous case.
He also must pay a $400 fine and costs for the intoxicated-driving conviction, is banned from driving for 14 months and must install an ignition interlock device.