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Woman gets 30 days in assault

April 02, 2004|by PEPPER BALLARD

pepperb@herald-mail.com

A thrown beer bottle landed a Hagerstown woman in the county jail for 30 days after she admitted Thursday in Washington County Circuit Court that the state had enough evidence to convict her on an assault charge.

Kristy Dawn Durboraw, 23, whose last address before her arrest was 13616 Lois St. in Hagerstown, entered an Alford plea to a second-degree assault charge in connection with the Aug. 23 incident at Creekside Inn.

She had been charged with throwing a beer bottle that struck a woman.

Under an Alford plea, a defendant does not admit guilt, but agrees the state has sufficient evidence to gain a conviction.

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Washington County Assistant State's Attorney Gina Cirincion said Durboraw's statement to police, in which she said a beer bottle was shoved at Wendy Shank, differed from statements made by witnesses at the Hagerstown area bar.

Other witnesses said Shank was dancing with other girls when Durboraw approached her to pick a fight. Cirincion said Durboraw threw the beer bottle at Shank, hitting her forehead.

Shank testified she got seven stitches in her head after the attack, which she said was sparked by "jealousy."

She was asking for $140 from Durboraw for the clothes that were ruined by blood from her wound that night. Her insurance covered the medical expenses, Cirincion said.

"It was totally uncalled for. ... I believe she should be punished," Shank said. "She was standing not very far from me. ... I walked away from her and there it came. The last thing I know I was on the floor."

Durboraw's defense attorney, John Salvatore, said after Shank's statement that he had prepared to go to trial with the case and could have gotten witnesses to testify that Shank was spilling her drink on the dance floor and Durboraw told her to be careful before a shoving match started.

"Does your client want to withdraw her plea and proceed to trial?" Washington County Circuit Judge Donald E. Beachley asked Salvatore.

Durboraw had a prior assault charge stemming from an incident in which an ex-girlfriend of her fianc was shoved, Cirincion said.

"I'm not some crazy, angry person that goes around throwing beer bottles," Durboraw said.

Beachley told her he didn't believe the story she told police. He sentenced her to 18 months in the Washington County Detention Center, but suspended all but 30 days of the sentence.

Durboraw had been composed throughout the judge's lecture, but broke down after the sentencing as she filled out paperwork.

She told Beachley she was a single mother and couldn't be away from her children.

Beachley said, "I'd think about it for the next 30 days. If she had done it to you, I'd put her in jail."

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