Published: May 16, 2008 11:05 am         

Defendant rejects plea deal

Jury trial now set for August

A plea deal already delayed once in a domestic battery case was reset again after the defendant rejected the offer made by the prosecution.

In Cass Circuit Court on Thursday, 25-year-old David Levine of Logansport informed his public defender that he would not accept the proposed plea agreement, details of which were not released during the hearing.

The case, which had been lifted from the court’s calendar while the prosecution and defense negotiated, was then scheduled for a final pre-conference at 1 p.m. July 24 and a jury trial for 8:30 a.m. Aug. 18.

Levine is accused of severely beating his then-girlfriend by stomping her in the face.

He was arrested July 31, 2007, and charged with battery resulting in serious bodily injury, two counts of possession of a controlled substance and possession of marijuana.

Police arrived to find a semi-conscious lying in the roadway on 13th Street near North Street. She was crying and confused about her surroundings, according to the police report.

The responding officer noted that he could “clearly see” shoe prints on the victim’s face. Her lips were swollen, face bruised and mouth bleeding.

Not far from the scene of the beating, police had an encounter with several men who were wrestling to hold a single man down. One of the men reportedly rushed the officer, who administered a palm heel strike to the man’s sternum. The man turned out to be Levine, who was taken into custody.

Police found a black bag containing a digital scale, a box of clear plastic bags, pill bottles containing Klonopan and Xanax and three bags of what later tested to be marijuana. According to witnesses, the bag belonged to Levine.

In April, a plea hearing was delayed so the prosecution could discuss the proposed deal with Miller. An agreement was put down on paper, but the alleged victim had not been consulted, so Chief Deputy Prosecutor Lisa Swaim asked for additional time.

Burns rescheduled the plea hearing for Thursday.

At the latest hearing, Deputy Prosecutor Kelly Gaumer said she had spoken with the woman, who agreed with the undisclosed details of the deal. She called the offer fair.

Levine, represented by public defender Jay Hirschauer, remains free on a $10,000 surety bond. He is under a court order barring him from having contact with his alleged victim.

Kevin Lilly can be reached at (574) 732-5117, or via e-mail at kevin.lilly@pharostribune.com