AA Member Mark Criswell Of Daytona Beach Gets Slap On The Wrist For Felony Battery Of David Summers

What a miscarriage of justice in the sentencing of Daytona Beach AA Member Mark Criswell ! The victim’s attorney was not even there during the sentencing. It seems Judge Joseph Will was impressed with the fact that Criswell had went to Vince Carter Sanctuary, which is based on the 12 step model.

Victim David Summers and his attorney Brett Hartley are very upset with the decision to not sentence Criswell to any prison time. Wow the AA grip on our judicial system is alive and well! Bummer………..

Na Daytona Beach www.extradovolena.com

Former Daytona Official Gets Probation In Biketoberfest Beating

By LYDA LONGA, Staff writer
April 27, 2012 12:20 AM

Mark Criswell

Former Daytona Beach city official Mark Criswell — accused of pummeling a liquor company representative during Biketoberfest — pleaded no contest Thursday to felony battery and was sentenced to probation.

The 52-year-old Criswell — the former building official for Daytona Beach — also pleaded no contest to obstructing an officer, a report shows.

He will not see any prison time and has been sentenced to four years drug probation. He must also attend two Alcoholics Anonymous meetings weekly.

While Criswell and his attorneys are pleased with Thursday’s outcome, according to Criswell’s attorney David Kerce, victim David Summers is not happy at the outcome, said his lawyer Brett Hartley.

“This is horrendous,” Hartley said Thursday afternoon. “He (Criswell) got a slap on the wrist. My client has only been working part time, he has hearing problems, a brain injury and a fractured eye-socket.

“The only reason I found out about this is because I saw it on the news,” Hartley said.

According to police, Criswell — formerly head of the city’s licensing and permits department — beat up Summers the morning of Oct. 15 at the Iron Gate bar on Main Street. Summers, who lives in Nebraska, was in town working during Biketoberfest. He was at the Iron Gate bar overseeing a mobile stage when Criswell ordered him to turn down the music, an arrest report shows.

Summers complied, according to the report. But when he asked Criswell if he was drunk, Criswell insulted him, then began hitting him, the arrest report shows.

The injuries were so bad that Summers’ shirt was “covered in blood” and he could no longer see out of his right eye, police said. At the time, Summers said he needed surgery and he took leave from his job, which requires him to travel 45 weeks a year.

After the fracas, Criswell was immediately placed on paid administrative leave from his $87,289-a-year post. City officials started an internal investigation of the incident — separate from the criminal investigation done by police — but the query was suspended after Criswell resigned last October.

State Attorney’s Office spokeswoman Klare Ly said Criswell entered an open plea before Circuit Judge Joseph Will to a lesser charge of felony battery. Criswell was initially charged with aggravated battery, but Ly said it would have been difficult to prove intent with a charge of aggravated battery, because Criswell was inebriated the morning of the assault.

Pleading to the lesser charge also helped Criswell stay out of prison, as did his attending a treatment program at the Vince Carter Sanctuary, Ly said.

“The judge commended him for that,” Ly said.

In addition to being unhappy with the pleas and the sentence, Hartley also complained the initial pretrial hearing scheduled for Criswell’s case on Thursday was moved from 1:30 p.m. to 8:30 a.m. — and neither he nor his client were notified.

He also said the $800 restitution that Criswell was ordered to pay his client is too low.

“He (Summers) has thousands of dollars in medical bills,” Hartley said.

One of Criswell’s attorneys, Mike Lambert, has agreed to revisit the restitution issue, Ly said, and a hearing will be scheduled for that. Summers is expected to attend the hearing and make a statement, Ly said.

“We can’t schedule the hearing until the victim tells us he can be here,” Ly said.

http://www.news-journalonline.com/news/local/east-volusia/2012/04/27/former-daytona-official-gets-probation-in-biketoberfest-beating.html

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