Man to serve at least 120 days for assault

Benny Willmore's flailing attempt at self-defense nearly killed someone and landed the St. Joseph man in prison for at least 120 days in the ensuing case.

Mr. Willmore, 42, pleaded guilty to first-degree assault back in September in Buchanan County Circuit Court, and on Thursday, Judge Dan Kellogg sentenced the defendant to eight years in prison. Mr. Willmore will serve 120 days of shock detention and then be evaluated for probation.

The sentence stemmed from a May bar fight outside the Shamrock Inn on St. Joseph Avenue. According to court testimony, three men picked a fight with Mr. Willmore. After bouncers broke up the brawl, one of the men blindsided Mr. Willmore, knocking him to the ground.

Mr. Willmore, who was carrying a 10-inch knife, according to assistant prosecutor Pam Blevins, swung the knife at the assailant but missed and ended up cutting one of the bouncers in the leg. The slice severed an artery in the man's leg, and the bouncer nearly bled to death before paramedics arrived.

Mr. Willmore already was on probation after pleading guilty to possession of a controlled substance in January 2007. The terms of that probation included abiding by a curfew and not consuming alcohol or hanging out in bars - all three of which Mr. Willmore violated on May 9.

"It cuts both ways in this case," said Judge Kellogg, not betraying whether the pun was intentional.

Before issuing his decision, the judge noted there clearly was no intent in the case, but that Mr. Willmore also was in blatant violation of his probation.

"There is a reason you have a curfew," Mr. Kellogg said.

The victim asked in a statement that the defendant not serve any jail time but pay restitution. The total for his medical bills is $18,881, and the victim still hasn't regained full use of his leg. Part of the sentence requires Mr. Willmore to pay $341 a month in restitution for the next five years.

Ms. Blevins asked for a 10-year sentence with 120 days of shock time, while public defender Chris Belts requested five years with the shock time.

"There is a lot of mitigation in this," Mr. Belts told the court. "(Mr. Willmore) is not assaultive."

Mr. Willmore already is serving a three-year sentence after having his probation revoked in the possession case.

R.J. Cooper can be reached

at rjcooper@npgco.com.

Clarification: A story on Page A8 of Friday's News-Press needs clarification. A bouncer stabbed in a fight was not from Shamrock Inn.