Niles man gets jail for choking wife

Published 1:20 pm Friday, June 1, 2012

CASSOPOLIS — A Niles man who choked his wife with a strap in front of their teenage son was sentenced to a year in jail and three years probation Friday in Cass County Circuit Court.

Russell Garvin, 51, could be released in 157 days as he has credit for 208 served.

Prosecutor Victor Fitz called Garvin’s actions against his wife on Sept. 5, 2011, one of the worst psychologically damaging cases of domestic violence he has seen.

Fitz said Garvin physically assaulted and threatened his wife over a period of three hours, at one point asking his 16-year-old son to get a gun from another room so he could shoot his wife.

“He picks on those that are weaker than him, including his wife and intimidates and terrifies his son,” Fitz said. “These are the acts of a coward.”

Garvin’s wife asked Cass County Judge Michael Dodge to put Garvin in prison.

Dodge said finding an appropriate sentence for Garvin was difficult, pointing to Garvin’s lack of a prior criminal record and honorable 25-year service in the United States Army. Dodge also said Garvin is being treated for post-traumatic stress disorder resulting from his military service.

By sentencing Garvin to a year in prison and an extended probation period, Dodge said Garvin would have the chance to show he could be the person he was during the first 50 years of his life. However, he warned Garvin he would likely go to prison if he violated the terms of his probation.

“You have that hanging over your head, so there is a lot at stake here,” Dodge said.

Garvin said “lies and deception” involving a third-party in the marriage cause him to go over the top.

“I am not an animal and I am not a coward, at all,” he said.