Dowagiac man gets prison for assaulting girlfriend undergoing cancer treatment

Published 8:31 am Monday, April 13, 2015

Her attacker seated at an opposing table only feet away from her, Dowagiac’s Annay Razo hands were trembling as walked beside the prosecutor to deliver her statement to the judge.

As she struggled to hold onto the paper her remarks were written on, tears flowed freely as Razo told the courtroom about the terrible damage inflicted on her body, and her emotions, by a man she once loved. While a terrible situation for any woman, the attack by her boyfriend came at a particularly fragile time for the woman — as she is struggling for her life in a fight against cancer.

“You told my family that would take care of me,” Razo said, referring to the defendant. “And you were the one who almost took me from them.”

Judge Michael Dodge made sure that her attacker saw justice for his crime.

The judge sentenced Derick Wayne Carlton, 35, of Dowagiac, to a minimum of 23 months in prison with a maximum term of 10 years during his appearance in Cass County court Friday, on the charge of assault with intent to commit great bodily harm less than murder. Carlton had pleaded guilty to the charge during an earlier appearance in court, on March 9.

The attack in question occurred on Jan. 16, at a residence on W. Railroad Street. Carlton, who was dating Razo at the time, punched her face several times following an altercation between the two.

“He pummeled this woman,” said Cass County Prosecutor Victor Fitz. “He left her a bloody mess, including pulling out a large swath of her hair.”

Carlton’s strikes resulted in several severe injuries, including a broken orbital bone, several missing teeth and numerous cuts and bruises, the judge said. She was taken to Borgess-Lee Memorial Hospital for treatment, and was quickly transferred to Borgess Hospital in Kalamazoo due to the severity of her injuries, where plastic surgery was considered to the extent of damage to her face.

“This situation could have been catastrophic, as bad as it already was,” Fitz said.

Carlton has a prior history of assault, with misdemeanor convictions from 1999 and 2011, the prosecutor said. This is on top of the eight other misdemeanors on his record, though he had no felony convictions prior to this case.

The defendant has an extensive history of alcohol abuse, as well as issues stemming with post traumatic stress disorder, which have triggered his violent episode, said his attorney, Gregory Feldman.

“She didn’t deserve what she got, and I deserve whatever I get,” Carlton said. “I do have problems that I need address.”

Carlton was given credit for 83 days already served. He was also ordered to pay $5,109 in restitution.