Felonious assault plea gets Moore 6 years in prison
By Bob Robinson

GREENVILLE – Donald Eugene Moore was sentenced to six years in prison Oct. 16 on a single felony count of Felonious Assault for a stabbing on July 5.

“It takes a lot of nerve to take a knife and shove it into somebody, doesn’t it?” asked Darke County Common Pleas Judge Jonathan Hein.

“Yes, sir,” responded Moore.

“If you are able to learn to knife somebody, can you learn not to?”

Assistant Prosecutor Deborah Quigley told the court in return for pleading guilty to Count 1 Felonious Assault, Count 2 would be dismissed. She also noted Moore had numerous prison terms in the past, including serving time for arson, unlawful sexual conduct with a minor and earlier felonious assault charges.

“Now he has moved up a notch,” Quigley said. “He stabbed an individual causing serious physical harm. The defendant pulled a knife on the victim and stabbed him.”

She added the state believes seven years is appropriate in this case.

Moore’s attorney, Paul Wagner, told the court the victim was hardly blameless; also the knife was produced by one of the women there.

“This was spontaneous, not planned,” he added. “We would also ask consideration be given that he pleaded guilty rather than having a trial.” Wagner noted, however, this doesn’t excuse his action.

“We believe five years is more appropriate,” he said.

Hein turned to the defendant. “Tell me about your gang affiliation while in prison.”

“It helped me get by,” Moore said.

“Was that how you learned to use a knife?”

Hein added impulse behavior, as well as learned behavior, can be fatal. Hein then noted recidivism is likely due to his past convictions and asked if there was any reason to mitigate the sentence down from eight years (the maximum under law).

“Eight years is appropriate.” Hein said. He acknowledged however Moore did plead, so there is no trial. He also noted Moore’s youth (28), commenting it gave him “that much longer to be a criminal.”

Hein sentenced Moore to six years, halfway between the state’s and defense’s recommendations, with 99 days credit for time served. Also included is three years mandatory post-release control plus community service hours.

Published courtesy of The Early Bird