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Torgramsen v. State6/9/1999
n-year-old son watched. Leaving Phillips unconscious on the floor, Torgramsen left Phillips' home and took Phillips' son with him. Torgramsen was arrested. After he was released on bail, Torgramsen (and his mother) repeatedly called Phillips and her son, even though Torgramsen had a bail release condition not to contact Phillips. At the time of sentencing on May 14, 1998, Phillips had accumulated $5000 in hospital bills for her injuries from Torgramsen's assault.
On February 9, 1998, Torgramsen's probation in the first municipal case was revoked. The Judge in that probation revocation imposed 30 days of the suspended time on each of the five counts in that case consecutively, for a total of 150 days to serve.
The State originally charged Torgramsen with second-degree assault for attacking Phillips, but amended the charges to the two counts of fourth-degree assault.
Torgramsen, who was 23 years old at the time of the January 1998 assaults on Phillips, had a record of twenty-three other criminal charges (including two felony charges) nine of which were for domestic violence. These charges resulted in thirteen prior convictions, four of which were for domestic violence since turning 18, including a domestic violence assault committed against yet another woman less than one month after turning 18 in 1992. Torgramsen had received a suspended imposition of sentence for his first assault, but that conviction was not set aside because Torgramsen, while on probation for that offense, was convicted of another domestic violence assault against a fourth woman months later. Torgramsen received several convictions and charges in the subsequent months for other assaults on this fourth victim. The government had petitioned to revoke Torgramsen's probation on his offenses eight times for his commission of new offenses and seven times for his failure to attend rehabilitative programs. Since his driving and eluding offenses on June 7, 1996, Torgramsen had been in and out of jail seventeen times, including most recently for his failure to appear at an earlier scheduled sentencing hearing in this current case.
Judge Finn commented that Torgramsen had accumulated an unusual number and variety of criminal cases in a short time and that she had taken the unusual step of reviewing all the past files, going back to Torgramsen's first domestic violence assault in 1992. With regard to the current assaults in January 1998, Judge Finn remarked that "doing the kind of damage that you did to [Phillips'] face is in the extremely serious end of assault convictions, and you are in the extremely serious end of assaulters. You are dangerous." Judge Finn found that Torgramsen was likely to continue his pattern of assaultive behavior "until you make the decision to turn the corner on that." As for the success of rehabilitative programs in curbing Torgramsen's behavior, Judge Finn stated, " ou've been ordered into . . . programs over and over and over again. You don't go. You haven't gone." While noting that Torgramsen had recently attended the ANARC program, the Judge concluded, "I don't put much faith in your continuation in a rehabilitation program."
Judge Finn concluded that "the community condemnation in your case is extremely high" and that Torgramsen's "likelihood of rehabilitation is extremely low." Judge Finn found that Torgramsen was a "worst offender," "and certainly within the assault category," noting that Torgramsen's second assault in January 1998 constituted felony-level conduct, second-degree assault. The Judge also stated that, in imposing a composite sentence for all of Torgramsen's cases before her, she found that Torgramsen would not likely be deterred by a composite sentence
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