Travis Ryberg is a "good kid who acted out of character" when he assaulted another man with a hammer and hit him with a pickup in August 2007, his attorney said.

"He feels awful about what he put T.J. Bauer through,"Jodi Colling said, arguing for a two-year sentence for Ryberg. "Sometimes very good people make terrible mistakes."

Ryberg, 19, appeared in court Wednesday to be sentenced on charges of attempted murder, aggravated assault and leaving the scene of an injury accident. South Central District Judge David Reich sentenced him to 15 years in prison with all but six years suspended and five years of supervised probation for attempted murder, and concurrent five-year prison terms on the other two charges.

Ryberg also must pay $43,000 in restitution for Bauer's medical expenses.

With Ryberg facing up to 30 years in prison, Colling argued for a sentence of five years with all but two years suspended on all three counts. Burleigh County Assistant State's Attorney Cynthia Feland recommended a sentence of 20 years with 10 suspended and five years probation for attempted murder, the most serious charge he faced.

Feland said Ryberg had multiple chances to walk away from the altercation but chose not to do so.

"This wasn't one incident - it was an escalating incident,"Feland said, calling it a "serious, serious situation that requires serious consequences."

Reich said he had to balance the conduct with which Ryberg acted with his young age at the time of the offense and the support he has from family and friends.

"I don't think the sentence recommended by the state is out of line," the judge said, noting that Ryberg's age and lack of previous serious criminal convictions moved him to give a lighter sentence than recommended by prosecutors.

On Aug. 11, 2007, police were called to a southwest Bismarck home for an injury accident. Witnesses said Bauer, 21 at the time, had been struck by a pickup driven by Ryberg following a fight in which Ryberg hit Bauer with a hammer.

Feland said Bauer lost all the teeth on one side of his mouth, had serious head injuries and will have continual medical problems, which could include psychological problems.

Feland and Colling disagreed over witness statements over how many times Ryberg struck Bauer with a hammer, whether Bauer was dragged beneath the pickup or held onto it, and whether Ryberg intentionally struck Bauer or inadvertently did it.

Ryberg, crying, expressed sorrow for his actions while addressing Reich.

"That night, I made one of the biggest mistakes of my life,"Ryberg said. "This must have been rough on T.J. and his family, because I know it was on mine."

Ryberg, who has been held in the Burleigh County Detention Center on $50,000 cash bond since Aug. 17, 2007, will get credit for time served.

He also must undergo a chemical dependency evaluation and complete recommended treatment, and complete anger management and social skills training programs. He is not allowed to have contact with Bauer and is prohibited from using or possessing alcohol while on probation.

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