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January 29, 2013

Assault sentencing results in $100,000 restitution

Jeff man to pay victim of road-rage incident

JEFFERSONVILLE — A Jeffersonville man charged in a 2010 road-rage incident on East 10th Street was sentenced Monday in Clark County Circuit Court No. 4.

Michael Shelby, 22, of 3411 Alexander Court, who was originally charged with B felony aggravated battery, was sentenced to three years probation through a plea agreement.

A term of the probation requires Shelby to pay $100,000 restitution to the victim in $500 monthly installments.

Shelby was arrested following the attack of Michael Cullum after a roadway altercation that took place about 11:30 p.m. Nov. 1, 2010.

The incident resulted in Michael Cullum being severely beaten and taken to University of Louisville Hospital for a head injury and severe swelling to his face and head.

After he was submitted for treatment, Jeffersonville police were notified by hospital staff that Cullum suffered a traumatic brain bleed, a broken nose and several broken teeth. Hospital personnel had placed a plastic tube in his trachea to obtain an open airway and put him into a medically induced coma.

During the sentencing hearing in Judge Vicki Carmichael’s court, Shelby appeared with his attorney, Brad Jacobs.

“With what he was facing — we knocked a B felony down to misdemeanors and just probation — so, [Shelby] was pretty happy with the way it turned out,” Jacobs said after the hearing.

Jacobs said that Heather Cullum, the victim’s wife, has said that she realized a full $100,000  restitution is not possible, but she wanted Shelby to make the best effort he could.

Clark County Chief Deputy Prosecutor Jeremy Mull, who represented the state during the proceeding, disregarded the notion that the full payment of $100,000 may not be paid.

“My position will be that if [Shelby] doesn’t pay that at the end of three years, probation will be extended until he pays that off,” Mull said. “If he doesn’t pay [the full $100,000] we will try to get his probation revoked. I think I have legal support to request that the judge extend probation until all that is paid. So, that will be my intention.”

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