Gets five years for assaulting woman
HOULTON — A 57-year-old Houlton man with a prior history of domestic violence assault who kicked, beat and attempted to strangle a woman and then lied about the incident on the witness stand during his trial will spend the next five years in prison.
Mark T. Smith appeared for sentencing before Aroostook County Superior Court Justice E. Allen Hunter Tuesday in Superior Court in Houlton. He was indicted in June 2015 by the Aroostook County grand jury on charges of aggravated domestic violence assault after the May 3, 2015, incident, and he was found guilty during a jury trial earlier this month.
With his attorney, Jeff Pickering of Houlton, at his side, Smith was sentenced to eight years in prison, with all but five years suspended, along with four years of probation. Smith was ordered to refrain from using any drugs or alcohol, he must undergo mandatory counseling and random search and testing, and he must not contact the victim or her family members during his probation.
Smith also cannot use or possess any dangerous weapons, and he must undergo a certified batterers intervention program, along with other terms of probation.
According to Aroostook County Assistant District Attorney Kurt Kafferlin, on the night of his arrest, Smith and the victim began fighting. Kafferlin said that Smith attempted to strangle the victim with her own clothing, kicked her in the stomach, beat her and threw her outside. He said that Smith only stopped when a neighbor intervened.
The woman is not being named by the Houlton Pioneer Times because she is a victim of domestic violence.
After she was taken to Houlton Regional Hospital, Kafferlin told Hunter that a nurse testified that she witnessed the presence of petechiae, a sign of attempted strangulation, in her eyes.
“The nurse, who had 15 years of experience, testified that she had never treated a victim who had been assaulted quite that badly,” said Kafferlin.
Smith has a significant criminal history, which includes jail time, for charges including criminal mischief, failure to appear, theft, operating under the influence with his four children in the car and domestic violence criminal threatening with a dangerous weapon. That case was with a different victim and involved a firearm.
Smith also has been convicted of violation of a protection order and has failed to complete substance abuse counseling in the past, Kafferlin said.
Kafferlin pointed out that during his trial, Smith perjured himself when he testified that it was the victim who was the aggressor in the fight. Smith also committed perjury when he testified that the victim had knocked his tooth out, Kafferlin said, as police photos and video showed there was no proof of this.
Pickering stated that both parties had different memories of the incident, and that there was evidence that both were drinking to excess that night. He said that Smith’s criminal record was “not extensive” and asked for a sentence of six years in prison.
The victim said in a written statement that this was not the first time that Smith had abused her, and that she still suffers from pain in her eyes, head and neck, along with psychological scars.
“I feel humiliated,” she said in the statement. “I feel that he stripped me of my self-confidence. He caused extreme self-harm to my children. They’ve had to rescue me.”
During the sentencing hearing, Smith apologized to the victim and said he took responsibility for his actions, adding that he intended to enroll in an anger management course.
Hunter did not find his apology sincere, saying that Smith’s words “ring hollow” and showed an “absence of true remorse.”
The justice also found that Smith had committed perjury during his trial, and he ordered him to pay restitution of $929 to a crime victim compensation fund.
If you or someone you know is experiencing domestic violence and would like to talk with an advocate, call 866-834-4357, TRS 800-787-3224. This free, confidential service is available 24/7 and is accessible from anywhere in Maine.
