By Meladi Brewer

DailyAdvocate.com

GREENVILLE — Russel D. Bolin, 51, of Union City, entered a guilty plea to Domestic Violence, a misdemeanor of the first degree. Judge Travis L. Fliehman presided.

Due to his plea, count one of the original two count indictment, strangulation; a felony of the fourth degree; was dismissed by the court. State Prosecutor Deborah Quigley stated that the defendant and victim both struggle with drugs, and the victim was not being as cooperative with the case as they would have hoped.

“In this situation, the State believes the modification to allow the Bolin to plead to count two and the dismissal of the felony count one was appropriate given all the circumstances,” Quigley said.

Bolin has currently served over 80 days in jail, and the State believes he does need some supervision. Defense Attorney Randall Breaden advised the court that Bolin has been incarcerated for 86 days, and he is currently being held by Randolph County. He recommended that Bolin be sentenced to 86 days with 86 days credit, pay court costs, and advised his client be placed on supervision as well.

“I know you will be fair, and I’ll be here for a while,” Bolin said.

Bolin told the court that he knows whatever sentence he gets that day would be fair and just, but he also made the court aware that regardless of his sentencing, he is going to remain in the jail for sometime. Judge Fliehman confirmed what a while could mean, as everyone has a different understanding to which Bolin advised “at least three more months or better.”

“I understand. Even though this is not a felony, the court still tries to follow the general purposes and principals of sentencing to protect the public, so the court thereby sentences Bolin to a term of community control sanctions for 12 months up to 60 months with terms and conditions,” Judge Fliehman said.

He listed the terms out, and he also advised the defendant will serve 150 days in jail. He imposed 86 days with 86 days jail credit and suspended the 64 remaining days in jail with the discretion that Bolin will abide by the terms and conditions.

“I’m not going to order a no contact order in this situation, but it sounds like things however are not how they should be with you and the victim,” Judge Fliehman said. “Your contact with that person should be approached cautiously.”

Bolin responded with “yes, sir”, and the matter was closed.

Jacob L. Brunswick, 21, of Greenville, was seen after Bolin on an original charge of Gross Sexual Imposition, a felony of the third degree.

After reviewing the facts of the case, the state and defense offered Brunswick a plea to the amended charge of assault, a misdemeanor of the first degree, and he accepted.

“This case started out as a GSI, and we amended it down to an assault due to some complications in the case,” Quigley said. “It does not change the fact that there was a nine-year-old child victim.”

The State believed community control should be imposed, and it is possible that some jail time could be appropriate. Quigley stated Brunswick was intoxicated when the incident occurred, so drug and alcohol counseling should be considered.

“We would agree that substantial alcohol use that night lead to this incident,” Defense Attorney Breaden said.

Breaden said that Brunswick was going through treatment at the time of sentencing, as he realized he had substance abuse issues. He also recently became employed, has no jail time credit, and he has no prior felonies.

“This was kind of a family situation, and there was a lot of drinking going on. Brunswick basically blacked out, passed out at one point, and the witnesses said he was extremely intoxicated which indicates that while it isn’t a defense, it goes to show whether he had any intent to touch this nine year old. I personally believe he did not,” Breaden said.

Breaden said that if the court decided to impose any jail time, they would ask that it would be done on a work release basis in order to maintain employment, and to continue to go to Recovery & Wellness for treatment. Judge Fliehman sentenced Brunswick to 12 months up to 60 months of community control with 90 days in jail.

“The court imposes 10 days to be served by self reporting to the jail in no less than 48 hour increments to be completed no later than Oct. 31st,” Judge Fliehman said.

He suspended the remaining 80 days to the courts discretion and Brunswick’s compliance. He must report to a supervision level as directed by the supervision department, complete any programs recommended, and Brunswick must complete 50 hours of community service as well.

To contact Daily Advocate Reporter Meladi Brewer, email [email protected].