Story updated at 9:32 p.m. Monday, June 1
Scott A. Armstrong - who was in Callaway County Court last month for third-degree misdemeanor assault involving a minor - received Suspended Imposition of Sentence (SIS) Monday and was placed on probation for the charge.
In March 2014, the 13-year-old victim and his parents reported to law enforcement that Armstrong, a federal law enforcement officer, put the boy in a chokehold, allegedly cutting off his air supply and causing him to temporarily lose consciousness.
Callaway County Prosecuting Attorney Chris Wilson said Armstrong's SIS means the judge suspended imposing a sentence and if Armstrong follows the terms outlined in his probation, the case will be closed at the end of his probation. Once the case is closed, the charges will not show up as a conviction on his record since he was not sentenced for the misdemeanor assault charge.
If, however, Armstrong violates his probation, Wilson said "the full range of punishment is available to the judge."
"It's a sword that cuts both ways," Wilson said of SIS and probation.
Armstrong, 44 of Fulton, will have one year of unsupervised probation for which he must: pay restitution of $367.39 (for medical bills related to the victim's treatment), perform 25 hours of community service within 60 days and not further violate the law.
Wilson said SIS and probation is not an unusual outcome in cases in which the defendant has no criminal history and the offense is not a felony level crime or a crime of significant violence.
Wilson said he discussed the case's possible outcomes with the victim and his family throughout the entire process.
"This is one of the outcomes that we had talked about as fairly likely - for him to be placed on some term of probation," Wilson told the Fulton Sun Monday. "And they were accepting of that all along. I think the most important thing for them is that he be held accountable for what he'd done."
Armstrong had a bench trial before Judge Gary M. Oxenhandler on May 5. The 13-year-old victim, his mother, a family friend, Callaway County Sheriff Dennis Crane, Armstrong and Armstrong 's girlfriend all testified during the bench trial. Those who testified last month were all witnesses to the incident. They each gave the judge their accounts during court.
On the day of the incident, a group of families, including the victims' and Armstrong, ate dinner together in Fulton. After dinner, most of the group returned to the home of Beth Ready, Armstrong's girlfriend.
Armstrong did not deny causing injury to the boy's neck, however, his attorney, Douglas Shull, argued that Armstrong did not cause injury with recklessness and that the incident was an accident when the two were roughhousing.
The 13-year-old victim told the court that he and Armstrong were not roughhousing and that Armstrong putting him in a chokehold came as a surprise. He further told the court that he tried to call out but couldn't breathe.