Man sentenced for attack

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A district judge has sentenced a Cannon Ball man to 18 months in prison for knocking a man unconscious at the United Tribes International Powwow.

South Central District Judge Donald Jorgensen sentenced Gerald Lovejoy, 32, to three years with 18 months suspended Thursday at the Burleigh County Courthouse. The judge also ordered him to pay $550 in fees.

Deputies from the Burleigh County Sheriff's Department were called to the powwow at United Tribes Technical College on Sept. 10. When they arrived, they found a 34-year-old UTTC student unconscious on the ground.

Witnesses reported seeing the two men arguing, then seeing the smaller man on the ground and the larger man kicking him.

Burleigh County Assistant State's Attorney Lloyd Suhr said Thursday that one witness said he could tell the smaller man was unconscious, because his body shifted about 90 degrees with each kick.

Suhr said Lovejoy was convicted in 1998 of abusive sexual contact in federal court and has been convicted of driving under the influence and disorderly conduct. He recommended that Lovejoy be sentenced to at least 18 months in prison with all but 90 days suspended and that he be prohibited from using or possessing alcohol while on probation.

Susan Schmidt, Lovejoy's appointed defense attorney, said there was a history between Lovejoy and the man he assaulted.

"Mr. Lovejoy does admit that he was wrong," she said.

Schmidt said the victim has showed up at Lovejoy's home on the Standing Rock reservation with a vanload of people and called him outside.

She recommended that Lovejoy be sentenced to probation or a short period of time in jail.

Jorgensen asked Lovejoy about his use of alcohol around the time of his criminal offenses. Lovejoy admitted he had been drinking for about two days before the assault at the powwow.

Jorgensen told Lovejoy to turn his life around and stop drinking. During his probation, Lovejoy will be prohibited from using, possessing or being in the presence of alcohol and will be required to attend weekly Alcoholics Anonymous meetings.

"I don't want to see you back here on a petition for revocation of probation because you've been drinking," the judge said.

(Reach reporter Jenny Michael at 250-8225 or jenny.michael@;bismarcktribune.com.)

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