WARSAW — A Leesburg man will likely spend no time in jail for what was initially labeled a battery against a minor, but which was portrayed during his sentencing hearing as nothing more than horse play gone wrong.
Timothy Michael Grevenstuk, 38, 44 EMS B6 Lane, Leesburg, was booked in the Kosciusko County Jail last August for battery to a child and was eventually charged with battery to a person less than 14 years of age, a level 5 felony; battery resulting in moderate bodily injury, a class A misdemeanor and domestic battery resulting in moderate bodily injury, a level 6 felony. Grevenstuk pleaded guilty to the third charge on March 26, but he and his attorney, C. Austin Rovenstine, brought Kosciusko County Superior Court III Judge Joe Sutton a passel of mitigators for the court to consider before sentencing Tuesday afternoon, May 21.
“It is our contention that all this was an accident and Mr. Grevenstuk was engaging in a little horse play with his friend and (the child) got hurt as a result,” said Rovenstine.
Initially, reports by law enforcement indicated that Grevenstuk had thrown a lighter at the minor child, causing injury.
During the sentencing hearing, Grevenstuk’s fiance, who is also the mother of the victim, testified under oath that Grevenstuk was throwing the lighter back and forth with a friend and that the lighter struck a piece of wood in the house and ricocheted off, striking her son in the head.
“I’m sorry (the boy) got hurt,” said Grevenstuk. “It was a hard way to learn a lesson, but it was a lesson learned.”
Sutton removed the no-contact order between Grevenstuk and the victim and sentenced Grevenstuk to one year in jail, but suspended the sentence in favor of probation.
“A minor was injured by conduct that I’m sure Mr. Grevenstuk wishes did not occur,” Sutton said.