NORWICH ­– Michael C. Thiel, 39, Otselic, was sentenced to a determinate sentence of four years in state prison on Thursday, to be followed by two years post-release supervision along with the responsibility of paying $21,148.48 in restitution to the victim.
Convicted in April of second degree assault, a class D violent felony, it was alleged that Thiel, on or about May 22, 2012, with the intent to cause serious physical injury to another person, seriously injured Bill Buckley, 57, in the parking lot of the Otselic American Legion.
Following the alleged assault, Buckley spent eight days in the hospital where he underwent reconstructive surgery, incurring approximately $120,000 in medical expenses. While an insurance company did pay for $100,000 of the total, the Buckley family still paid more than $20,000 out of pocket.
“He is one of the luckiest men in Chenango County,” said District Attorney Joseph McBride concerning the defendant prior to sentencing. “... lucky that the victim didn’t die. In my opinion, I believe that the defendant was on some sort of drug which set him off. Mr. Buckley will never be the same man ... I ask that the full range [7 years] for sentencing be considered.”
Though present in court during the sentencing, the Buckleys declined to speak when afforded the opportunity.
“I suggest, given Mr. Thiel’s current and prior situations, that the $20,148.8 restitution makes sense,” said Defense Attorney Kelly E. Fischer while making the point that his client might never be able to pay the additional $100,000 in restitution to the insurance company, something that was also being considered. Fischer went on to affirm that Thiel had been mixing prescription narcotics with alcohol during the date in question, asserting that he had reacted under the influence when confronted by an emotional situation that caused him to overreact. “This matter – which he later referred to as a ‘momentary relapse’ – is not deserving of the maximum sentence.”
Following Fischer’s argument, Thiel read a prepared statement.
“Simply an ‘I am sorry’ just isn’t going to cut it,” he said. “There is nothing I can ever say to justify what I did, I can only change myself and say from the bottom of my heart that I am sorry.”
Thiel also lamented over the damage he had wrought upon Buckley and begged for his and his family’s forgiveness.
“I know that the person that did this is not the Michael Thiel my family knows and loves,” he stated.
Thiel also thanked his parents, who were present during the proceeding, for their support and apologized to his children for abandoning them through his incarceration.
“I understand that things happen sometimes and if this had stopped with one punch,we probably wouldn’t be here today,” said the Honorable Gerald Keene, who expressed his concern over the extent of the damage Thiel had inflicted upon the unconscious and much older Buckley, as well as his inability to understand what drove Thiel to act in such a manner. “And I don’t know if you understand what made you do that to him either and I think that makes you dangerous. I agree with Mr. McBride that you very nearly could have killed Mr. Buckley. I am not going to give you the max sentence because I do have some compassion,” said Judge Keene noting that Thiel had no priors. “I think four years is enough time to make the point to you and to everyone else that this sort of conduct will not be tolerated.”
“What Mr. Thiel did was very serious. The defendant is very lucky he didn’t kill the victim; otherwise he would have been facing 25 to life instead of the 4 years in state prison that he got,” said McBride after sentencing. “People need to understand that bar room fights are unacceptable, especially for adults.”