IM man sentenced to time served after misdemeanor assault conviction

DAMION SINCLAIR, RIGHT, testifies in his own defense as Judge Mary Barglind looks on during his January trial in Dickinson County Circuit Court. (Nikki Younk/Daily News photo)

IRON MOUNTAIN — An Iron Mountain man convicted by jury of misdemeanor assault for beating a woman last year was sentenced Tuesday to 93 days already served in the Dickinson County Jail.

Dickinson County Circuit Court Judge Mary Barglind imposed the maximum sentence allowed for 41-year-old Damion Antonique-Don-Tay Sinclair. But for now he will remain in jail pending the conclusions of his three additional felony cases of interfering with a witness, drug possession and violating the Sex Offender Registration Act.

A jury in January found Sinclair guilty of the lesser charge of misdemeanor assault and battery rather than the initial charge of felony assault with intent to do great bodily harm less than murder or by strangulation. He was acquitted of felony interfering with electronic communications.

Barglind said it appeared the jury believed Sinclair’s story that he only hurt the woman in an effort to stop her from harming herself. However, he did admit to slapping her and holding her down with his arm on her neck, which Barglind noted was not at all an appropriate way to help someone.

Dickinson County Chief Assistant Prosecutor Kristin Kass said she hoped Sinclair acknowledges his wrongdoing, and Sinclair assured the court he has taken responsibility for his actions.

The woman and Sinclair agreed in their trial testimony they had dated on and off since late 2015 or early 2016 and engaged in physical fights from time to time.

The two had discussions between January and May 2017 about “rekindling” their relationship, the woman said, but she grew upset about Sinclair’s “lies and games.”

So she texted Sinclair May 31, 2017, to ask about the status of their relationship. Both she and Sinclair agreed she made threats to hurt herself in the texts.

Sinclair testified he went to her Iron Mountain home to check on her well-being. The two began talking, which escalated to arguing and then a physical fight, they said.

Sinclair held her down, hit her in the left eye with a closed fist, slapped her cheeks, put his hands on her throat and squeezed until she had trouble breathing, according to the woman’s testimony.

But Sinclair claimed the woman was the first to attack and he only hit her in the process of trying to hold her down and calm her. The woman did say Sinclair told her at the time he was trying to “snap (her) out of it,” referring to her previous threats of harm to herself.

Nikki Younk can be reached at 906-774-2772, ext. 41, or nyounk@ironmountaindailynews.com.

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