PHILIP HURLEY

IRON MOUNTAIN — A 71-year-old Iron Mountain man accused of beating a woman with a broom handle while intoxicated in August will spend almost two years in prison after a judge did not allow him to withdraw his no contest plea.

Philip Hurley was sentenced Wednesday in Dickinson County Circuit Court to a minimum of one year and 11 months to up to five years in prison.

Hurley pleaded no contest Dec. 3 to felonious assault, claiming he had no memory of the event, but filed to withdraw that plea Jan. 28 after a witness came forward with additional information.

Hurley’s defense attorney, Abbey Anderson, requested a jury trial or evidentiary hearing, saying the witness believed details of the police report on the assault were inaccurate and that the victim’s wounds might have been self-inflicted. Anderson.

Assistant Prosecuting Attorney Alex Sieminski argued the new information had no bearing on Hurley’s charges, noting Iron Mountain police interviewed the witness and found her statements not credible.

Dickinson County Circuit Court Judge Christopher Ninomiya agreed. The witness already stated she didn’t see the attack, he said, and police investigated the new claim three to four months before Hurley’s arraignment.

There was no fair or just reason to allow Hurley to withdraw his plea, Ninomiya said.

Before sentencing, Anderson reminded the court Hurley could not recall the events and relied on police reports when arraigned. Given his age and health, she requested a county jail sentence.

But Sieminski cited Hurley’s struggle with alcoholism and past noncompliance with probationary terms in recommending prison as a better fit.

Hurley told the court he had a medical condition that interrupted the flow of blood to the right half of his brain, causing him to black out and become violent.

“I’m not trying to make excuses,” Hurley said. “I am an alcoholic.”

Ninomiya was not persuaded.

“Alcoholism isn’t your only problem,” Ninomiya told Hurley, adding Hurley hadn’t taken responsibility for his actions. He read numerous violations from Hurley’s record before detailing the wounds his victim had to her head, neck, shoulder and arm.

Ninomiya suggested Hurley seek treatment and work toward rehabilitation while in prison, warning that with any further offense, “I am going to put you in prison for as long as I can put you there.”