Bay City man receives sentence for baseball bat attack - WNEM TV 5

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Man receives max sentence for baseball bat attack

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Brandon Carbeno Brandon Carbeno
BAY CITY, MI (WNEM) -

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.

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