Brandon Carbeno has been sentenced to 32 to 120 months in prison after being convicted of striking Chene Swarthout with a baseball bat last summer.
The incident happened June 25, 2011, at a concert at Veteran's Memorial Park in Bay City.
The two men were allegedly involved in an altercation with Carbeno claiming that Swarthout assaulted his wife.
During the exchange, Carbeno struck Swarthout with a baseball bat.
Swarthout suffered severe head trauma and a fractured skull in the incident and is recovering from his injuries.
Carbeno could spend up to 10 years in prison but he is eligible for parole after 32 months.
Judge Gill also ordered Carbeno to pay the Swarthout family $500,000 in restitution.
During testimony this past July, the 28-year-old Carbeno said he was scared, and trying to survive when he swung a softball bat one time at 45-year-old Chene Swarthout. That swing crushed the side of Swarthout's head, sending him into a coma.
During his trial in Bay City, Carbeno talked about the events leading up to the altercation.
>>Watch the raw video from Carbeno's testimony today in court in the player above<<
He said it happened as he was driving out of a parking lot in Bay City following a Styx concert. He said Swarthout was driving a pickup truck, and cut him off. Carbeno said the next thing he knew, the man driving the truck was at his passenger side window.
"He raised his right hand and struck my wife in the side of the head," explained Carbeno.
Carbeno said Swarthout then went back to his truck. Carbeno said his wife started crying, and he got angry. "I just wanted to save face, this man had just come over and assaulted my wife, I was upset and I guess I let my ego get in the way," explained Carbeno.
Carbeno said he then got out of his car to go confront Swarthout.
"I could tell he had a vehicle full of people," Carbeno testified. So Carbeno said he grabbed a softball bat out of the trunk of his car.
Carbeno claimed in court that Swarthout got out of his truck, rushed him, grabbed him in a headlock and started punching him in the face and in the head. He said he received a bloody nose, and being asthmatic, was afraid he was going to be choked to unconsciousness.
Carbeno said he managed to break free.
"I took a few steps back, I looked up, he was coming at me again and I decided that I really had no choice but to swing the bat at him," said Carbeno.
Carbeno told the court he wishes he had never left his car. "I regret it every single day, wish none of this would have ever happened, I made a mistake, I wish I could take it back."
Carbeno also testified that he lied to police right after the incident about not using a softball bat. Now the jury must decide if he was acting in self-defense.
Copyright 2012 WNEM (Meredith Corporation). All rights reserved.
Do you think the punishment fits the crime in the Carbeno trial?
Thank you for participating in our poll. Here are the results so far:
Wednesday, May 22 2013 6:04 PM EDT2013-05-22 22:04:40 GMT
MISSOURI CITY, TX (KPRC/CNN) - When a pregnant teacher in Texas collapsed, her coworkers rushed to help. The woman technically died, gave birth, and then was brought back to life. Erica Nigrelli, an EnglishMore >
A pregnant woman's heart stopped, and doctors performed an emergency c-section to rescue the baby and save the woman.More >
Thursday, May 23 2013 9:51 AM EDT2013-05-23 13:51:45 GMT
An update now to a story TV5 first broke last week. State police have identified a second person who died in a Friday crash. 16-year old Brandon Anderson of Byron died this afternoon. A 16-year oldMore >
State police have identified a second person who died in a Friday crash.More >
Thursday, May 23 2013 10:39 AM EDT2013-05-23 14:39:51 GMT
A two-car crash between Bridgeport and Frankenmuth has resulted in the closure of Junction Road. The crash happened around 1 p.m. on Wednesday on Junction, between Reimer and Dixie Highway. BridgeportMore >
A two-car crash between Bridgeport and Frankenmuth resulted in the deaths of two people on Junction Road Wednesday afternoon.More >
Thursday, May 23 2013 1:33 PM EDT2013-05-23 17:33:26 GMT
Remember the Kmart's "Ship My Pants" ad? Well Kmart isn't finished with their controversial ads. The company launched their latest video about Big Gas Savings on Thursday. It even features the sameMore >
The company launched their latest video about "big gas savings" on Thursday.More >
Thursday, May 23 2013 11:43 AM EDT2013-05-23 15:43:39 GMT
There are nearly 4,000 missing people in Michigan that the FBI counts on a statewide list it has been maintaining for nearly 40 years. John Broad, president of Crime Stoppers of Michigan, tells The DetroitMore >
There are nearly 4,000 missing people in Michigan that the FBI counts on a statewide list it has been maintaining for nearly 40 years.More >
Thursday, May 23 2013 11:55 AM EDT2013-05-23 15:55:08 GMT
(RNN) - Dozens of Cleveland restaurants have pledged to give the man who rescued three Ohio women from captivity, free burgers for life. Charles Ramsey, the guy who famously stopped eating his Big MacMore >
More than a dozen of Cleveland restaurants have pledged to give the man who rescued three Ohio women from captivity, free burgers for life.More >
ObitMichigan.com is dedicated to delivering immediate, up-to-date information on obituaries 24 hours a day, 7 days a week to families and friends in Mid-Michigan. Death notices are displayed during theMore >
ObitMichigan.com is dedicated to delivering immediate, up-to-date information 24 hours a day, 7 days a week to families and friends who have lost loved ones.More >
Thursday, May 23 2013 11:13 AM EDT2013-05-23 15:13:25 GMT
State police say a 52-year-old man has apparently drowned in a boating accident on Muskellunge Lake in Montcalm County. The Grand Rapids Press reports the body of Michael White of Pierson was found inMore >
State police say a 52-year-old man has apparently drowned in a boating accident on Muskellunge Lake in Montcalm County.More >