EPHRATA - A Warden man is serving more than a year in prison after beating and strangling a woman in his home.

Juan R. Montemayor Jr., 26, pleaded guilty to assault in the third degree in Grant County Superior Court.

The original charge of assault in the second degree was lessened as part of the plea agreement, according to court records.

Six of Montemayor's previous convictions counted towards the sentencing range of a year and five months to a year and 10 months in prison. He has prior convictions for child molestation in the second degree, harassment, malicious mischief in the first degree, theft in the first degree and burglary in the second degree.

Grant County Superior Court Judge John Knodell followed the prosecutor's recommendation, sentencing Montemayor to the minimum end of the range.

Prosecutor Angus Lee explained Montemayor's original charge of assault in the second degree would have carried a sentencing range of a year and 10 months to two years and three months.

"Due to issues with the case, it was in the best interest of the community to reduce the charges to felony assault third and thereby securing a 17-month prison sentence and a felony assault conviction," he stated. "Specifically, those issues are the fact that even though police requested medical records materials, more than once the records needed to prove the case were not provided. Further, the victim was not able to be served her subpoena to testify at trial in spite of three separate attempts to serve her."

Police were consulted about the case resolution and were satisfied with it, Lee stated.

Warden police arrived at a West Second Street apartment, finding the victim hyperventilating and asking to be let out of the apartment, according to a Warden police report. When an officer escorted her out, she was wobbly, passing out once she was outside.

An officer and Montemayor moved the woman to a chair and the victim continued having trouble breathing, vomited several times and lost consciousness again, according to the police report.

After receiving medical treatment, the victim regained consciousness. She told police they were making plans when Montemayor became angry and started yelling about his family, then at her. He straddled her on the couch and began punching her.

After she kicked Montemayor in the stomach to get him off of her, he came back, punched her again and began strangling her, according to the police report.

Neighbors heard yelling and the victim telling Montemayor to stop kicking her, according to the police report.