Sobaski sentenced to three years probation

    Justin Hayes Sobaski, 27, of Washington, was given three years probation and a suspended sentence of five years in prison at his sentencing hearing Friday afternoon. In June, Sobaski pleaded guilty to committing assault causing serious injury against Barry Stout of Washington stemming from an incident that occurred outside the Hoodwinks Bar and Grill on June 14, 2008.

    Sobaski will not be required to serve any prison time provided he adheres to the conditions placed upon him by the Department of Correctional Services during his three years of probation. Sobaski was ordered to pay all court costs, a $4,000 fine with a 32 percent surcharge and to perform 160 hours of community service.

    Barb Edmondson, who represented the state in the case, asked District Court Judge Joel Yates to impose the maximum sentence, which could not exceed five years, to begin immediately and to pay the maximum fine of $7,500. Judge Yates explained why he chose to put Sobaski on probation rather than to put him in prison.

    Yates remarked, ?Mr. Sobaski, I want to inform you that I have selected this sentence for you after considering the following: your age; your prior criminal record or lack thereof, specifically, any indication of a past violent or assaultive nature in terms of a criminal offense; your employment; your family circumstances; your record on pre-trial release; your need for rehabilitation and your petition for rehabilitation and the necessity of protecting the community from further offenses by you and others.?

    The courtroom was full of both Sobaski?s and Stout?s family members. Judge Yates addressed both groups of people, beginning with the Stout family. 

    ?I certainly want to acknowledge your tremendous loss in this matter,? said Yates, referring to the fact that Stout died of a brain infection in October 2008 at the age of 43. ?However, my challenge is to go back and view this, as stated by Ms. Edmondson, from the perspective of August 2008. In doing that, I am confident that I have selected the correct and proper sentence for Mr. Sobaski. I want to inform you what I believe you know, but what I feel necessary to state for the record: Mr. Sobaski was not charged with manslaughter ? he did not plead guilty to manslaughter ? he was not found guilty of manslaughter.?

    After the trial, Edmondson said that the state did not charge Sobaski with manslaughter because the medical examiner who performed Stout?s autopsy did not indicate the brain infection was caused by the injury he sustained in June 2008. 

    Judge Yates then turned his attention to Sobaski.

    ?Mr. Sobaski, to you and your family ? I have handed you the keys to the Iowa State Reformatory. What you do with those keys will be your choice,? said Judge Yates. ?If you violate the terms and conditions of your probation, you will be back here for a probation revocation hearing. I doubt that whatever judge has you in front of them for a probation revocation hearing is going to be very receptive to excuses as to how or why you did not follow the terms and conditions of probation.?

    Edmondson began the hearing by laying out the allegations against Sobaski and the effect that his assault had on Stout.

    ?Barry Stout was standing outside the Hoodwinks/Melody Lanes Bowling Alley when Mr. Sobaski was leaving the gathering,? said Edmondson. ?He (Sobaski) was in a truck with his wife. He saw Mr. Stout, got out of his truck, walked across the parking lot, head-butted Barry Stout and then punched him twice. That is consistent with both the witness statements of Barry Stout and Mary Stout. Mr. Sobaski then got back in his truck and left.?

    Edmondson continued, ?Mr. Sobaski acknowledged there was no justification for this act. This was an unprovoked act. This was not something Mr. Stout saw coming. He had no opportunity to protect himself.?

    She said the assault required Stout to undergo surgery to his eye socket, which was fractured in two places. 

    ?Even after the surgery, and even though it fixed most of Mr. Stout?s vision issues, Dr. Carter, the staff physician, advised that Mr. Stout would have had permanent double vision when he looked up,? said Edmondson. ?Apparently, even after surgery, Mr. Stout complained of pain and numbness in his face where he had been head-butted.?

For more, see our August 2 print edition.