NEW ULM — A 56-year-old Sioux City, Iowa man accused of hitting a New Ulm man in the head with a beer stein at the B&L Bar in early 2017, was sentenced to five years probation and 120 days in jail Friday.

Jeffrey L. Martindale was originally charged with two counts of felony assault with a dangerous weapon and felony 3rd-degree assault. He pled guilty to 3rd-degree assault Sept. 7. The two 2nd-degree charges were dismissed.

Martindale received a stay of imposition in the case. He was given four days credit for time served, ordered to report to jail Jan. 7, ordered to complete an anger management program, have no direct or indirect contact with the victim.

In addition, it was suggested by Judge Todd Westphal that he write a letter of apology to the victim if he feels sorry for his actions. Martindale was fined $1,782.32 including a $1,500 victim assistance fee. He has the option of serving jail time in Sioux City, Iowa.

Martindale’s attorney, Joseph A. Gangi of Mankato asked for a downward sentence departure, according to a memo.

According to court documents, New Ulm Police were dispatched to the B&L Bar in early 2017. They talked to the victim, Jared Peterson of New Ulm, who was holding napkins on the top of his face and head. He had a substantial amount of blood that ran down his shirt, hands and arms.

Police photographed Peterson and followed he and friend who transported him to the New Ulm Medical Center Emergency Room. Peterson told police at the medical center that he walked past Martindale who said he bumped into him and asked Peterson if he wanted to fight.

In addition, Peterson said Martindale got upset and yelled at him to go outside and settle it.

Peterson said Martindale “blindsided” him, hitting him in the head with a large, metallic and plastic beverage container, then tried to run out the door but was stopped by several bystanders.

Martindale told police he was “knocked into” by Peterson twice.

A witness at the bar told police Martindale shoved Peterson into a window after the men bumped into each other, Martindale jumped over a table and hit Peterson in the head with the beer stein, then ran out door. Police talked with another witness who had much the same story.

Brown County Attorney Chuck Hanson said Peterson suffered a wound that required five staples to close.

“Martindale saw somebody smaller than he was, wanted to pick a fight, smashed a beer stein on on a person and ran a way,” Hanson said. “He has a drinking problem and anger issues…I think a stay is appropriate, give Mr. Martindale a chance to improve himself and reduce the charge to a misdemeanor.”

Gangi asked for no more jail time for Martindale. He said Peterson didn’t miss work after the incident.

“We have a single hit to the head, no follow up. It was a pot shot that lasted a few seconds and he ran away,” Gangi said. “Mr. Peterson never lost consciousness. Yes, we have significant bodily injury in this case. But it’s a far cry from being badly beaten. I feel a downward departure is appropriate…Mr. Martindale took counseling for a year.”

Peterson said he was told his injury was a compression laceration that split his head open.

“I dealt with a concussion for months. I had a CT scan. This will be with me forever,” Peterson said. “I think this was a cowardly way to attack me. If not for a Good Samaritan, he (Martindale) would have run away. I think you’ve been fed a lot of mistruths from the defense attorney. I did miss work.”

Westphal said he watched the bar video and called Martindale’s actions “a very violent reaction.”

“Mr. Martindale, you can’t just go and clock people if you don’t like what they say or do,” Westphal said. “I’m not going to depart. I dismissed two charges of using a dangerous weapon but you used an object to assault somebody. It could have caused a melee with a whole lot more people.”

fbusch@nujournal.com