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Kalispell man convicted of two assault charges

Jesse Davis | Hagadone News Network | UPDATED 11 years, 8 months AGO
by Jesse Davis
| February 25, 2013 7:30 PM

A 22-year-old Kalispell man pleaded guilty by way of Alford to a pair of felony charges during a change-of-plea hearing Thursday in Flathead District Court.

With his pleas, Timothy Withrow was convicted of aggravated assault and partner or family member assault. 

Withrow entered an Alford plea to the two charges because he claimed no memory of one and maintained his innocence on the second, although he admitted he likely would have been convicted of both charges during a trial.

In a May 5 incident, a motorist spotted Withrow spotted hitting a woman in his vehicle. In court Thursday, Withrow claimed she was falling out of the vehicle and he was trying to grab her to keep her from falling.

Withrow claimed no memory of a May 11 incident in which he was caught by police choking the same woman, who was trying to scream for help. 

The woman later told police he choked her to the point of unconsciousness, she thought she was going to die on several occasions and she believed that if officers had not intervened, she would be dead.

According to a court document, Withrow was on felony probation for criminal endangerment at the time he was charged. The document also states he has prior convictions for misdemeanor partner or family member assault in April 2009, October 2010, and April 2011.

In exchange for Withrow pleading guilty to the two charges, additional felony charges of partner or family member assault and criminal endangerment were dismissed. 

His plea agreement also states that the Flathead County Attorney’s Office will recommend a sentence of 10 years in prison and 10 years of probation when he is sentenced on April 18.

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