Jail time for Kyle man guilty of assault

Courtesy photo

DEADWOOD — A man originally charged with aggravated assault earlier this year when, while intoxicated, he choked a woman unconscious in Lead, pleaded no contest to a lessor charge May 25 and was sentenced by 4th Circuit Court Judge Eric Strawn at the Lawrence County Courthouse.

Marcel E. Boyd, 35, of Kyle pleaded no contest to misdemeanor simple assault May 19 and was sentenced to one year in jail, with 270 days suspended, and credit for 62 days served. Boyd was also ordered to pay $96.50 in court costs, reimburse Lawrence County for $674 in court-appointed attorney fees, and to have no contact with the victim for one year.

As part of the plea agreement, the aggravated assault charge was dismissed by the prosecution.

Court documents say on March 23 at approximately 10:30 p.m., Lead police were advised of a female caller who stated she was running from a male subject, later identified as Boyd, at 602 Miners Ave.

The victim told police her boyfriend was in jail and that his friend, who she only knew by the name of Marcel, and his family were at her house when Boyd began to act strangely. The victim said that Boyd picked up her puppy and began to act aggressively toward it.

When the victim turned away from Boyd, he grabbed her from behind and began strangling her. The victim said she lost consciousness two times.

The victim was able to fight back, escape from Boyd, and left the house.

When the victim got outside, she saw Boyd’s family leaving in their vehicle. When the altercation began, the family – Boyd’s wife and three daughters -- disappeared and left Boyd there.

When police made contact with Boyd in the victim’s residence, he had a slight odor of an alcoholic beverage coming from his person, very unsteady balance, and heavily slurred speech.

When police asked Boyd to identify himself, he would not speak to them or identify himself.

While looking around the area of the house Boyd was in, police noticed two marijuana grinders on a coffee table in the living room and a three-quarters empty liter bottle of vodka and a can of beer.

The victim told police she had only seen Boyd drinking alcohol and she was not sure how much.

When police attempted to get a PBT from Boyd, the were unsuccessful as he turned his head away both times they tried.

Boyd was previously convicted of felony first-degree burglary in Tripp County on Oct. 23, 2008.

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