A 20-year-old South Hutchinson man found guilty of aggravated battery, and other charges was sentenced Monday afternoon to a total of 162-months in prison or around 13-and-a-half years in prison.
Timothy Lohf was also found guilty of possession of cocaine with intent to sell and felony obstruction. He had at one point been charged with attempted first degree murder, but was not guilty of that charge, but guilty of the less severe aggravated battery count. Lohf was found guilty of shooting of 29-year-old Anthony Wilson. He was shot in the abdomen back on September 20, of last year in the unit block of North Maple.
Senior Assistant District Attorney Steve Maxwell commented after the hearing and agreed this was a violent act.
Lohf’s Attorney, Carl Maughn argued for a downward or durational departure after the judge denied his motion for a new trial and arrest of judgment. Maughn argued about the young age of the defendant and how he made bad decisions. He even blamed some of his clients criminal past on the influence of his father who has had his own troubles with drugs and alcohol. He says his client takes responsibility for his actions.
But, Maxwell didn’t agree with that saying that he shot someone and argued he didn’t take responsibility when he was on the stand. Plus, he also ran from law enforcement after the incident. He took a gun from his home when he want to make the drug deal.
Lohf had been on probation for three aggravated assault convictions, plus having numerous juvenile convictions which didn’t help his cause at sentencing.
Judge Rose says she just couldn’t find compelling reasons to depart saying he used a gun and could have hurt others who were present at the time of the shooting. She says she has an obligation to protect the public.
The victim didn’t speak, but Lohf says he’s sorry for what he did and excepts responsibility for it. He said he was thankful no one was seriously hurt.
He was also ordered to pay 8-thousand 795-dollars in restitution.
