By: Chris Vetter
CHIPPEWA FALLS, WI — A Stanley man who choked his then-girlfriend, breaking a bone in her neck, was sentenced Monday to serve 10 months in jail.
Scott W. Kane, 32, 305 Washington St., pleaded guilty in January in Chippewa County Court to aggravated battery-intentionally causing bodily harm. Charges of second-degree sexual assault by use of force, bail jumping, strangulation and suffocation, and battery were dismissed.
According to the criminal complaint, a 29-year-old woman said Kane forced her to have sexual intercourse with him on Oct. 29, 2016, at his home. On Dec. 30, she woke up to find him naked in her bed, touching her and forcing her to have sex against her will.
Chippewa County District Attorney Wade Newell described it as a violent sexual assault. He pointed out that Kane is clearly much taller and stronger than the female victim. Jail records list Kane as 6-foot-4, 270 pounds.
“He used his hands to crush her hyoid bone,” Newell told Judge James Isaacson. “That’s why he needs to be held accountable for today. He doesn’t take responsibility for his behavior.”
The hyoid bone anchors muscles of the tongue and throat and holds open the larynx of the respiratory tract, according to Newell said that often that type of fracture is only discovered in an autopsy in a strangulation death case.
“That is how serious this is — that’s how much force is necessary,” Newell said. “We’re very fortunate that (the victim) is here today.”
Newell asked for two years in prison and three years of extended supervision. He noted Kane was ordered to have no contact with the victim after the October 2016 incident but returned to see her in December, violating his bond.
Defense attorney Robert Thorson said Kane has completed an anger management course and he no longer would engage in violent sexual behavior.
Before being sentenced, Kane said he was not the monster he was being made out to be. He contends the injury happened during a physical sexual encounter, but he didn’t mean to injure her.
“A lot has been said about me today, both true and false,” Kane said. “If I hurt her during sex, I am sorry.”
Isaacson gave Kane four years of probation plus a three-year prison sentence and two years of extended supervision, but that is imposed and stayed, meaning Kane would serve that sentence if he violates his probation. Kane must report to the jail by 5 p.m. Friday.
“The keys to the prison are in your hands,” Isaacson warned Kane.
Isaacson was frustrated Kane continued to deny the evidence of a physical assault.
“You weren’t explaining what happened; you were blaming,” Isaacson told him. “This is a significant injury.”
Isaacson ordered Kane to pay $10,894 in restitution, for medical bills, along with another $1,069 in court costs. He cannot have contact with the victim or her family, and he cannot drink alcohol or enter taverns while on probation. He was given Huber work release privileges. Because he was convicted of a felony, he no longer can own or possess a firearm.
Article Source: Stanley Man Gets Jail for Choking Then-Girlfriend