Midland Man Accepts Plea Offer
Ricardo R. Cabrera Jr., a 41-year-old Midland man accused of striking another man with a golf club, accepted a plea agreement on the day his trial was scheduled to begin.
According to court records, the incident that led to Cabrera being charged took place at the White Birch Golf Course in Monitor Township. The alleged victim, 36-year-old Timothy Berg, was playing golf with his wife and 7-year-old son. Sharing the course with them was a group of men who were enjoying a bachelor party.
Berg claims that at one point he overheard Cabrera, golfing with the group of men nearby, say something about his wife. Berg went over to ask Cabrera what he had said, and at that moment Cabrera rushed him with a golf club in his hand.
Berg stepped away from his family in the hopes of directing any potential attack away from them. Cabrera then allegedly swung the club and attempted to hit him. But Berg stepped back, a move which apparently also saved him from a more damaging injury. According to medical staff who later assessed him said that he had suffered a contusion on his thigh where the club made contact.
Cabrera seemed as if he intended to swing the club again, but Berg’s wife announced that she was calling 911, and the incident ended with that. Cabrera and his friends left for the club house and Berg’s family followed, ostensibly for the purpose of copying down Cabrera’s license plate, should he leave the property before police arrived.
Which is exactly what happened. Officers arrived on the scene, but Cabrera had already left. However, not before getting angry once again at Berg for noting his license plate information.
Cabrera was initially charged with assault with a dangerous weapon, but on the day his trial was scheduled to begin, he accepted a plea offer from the prosecution. Cabrera did plead guilty to a single count of assault with a dangerous weapon, which is a four-year felony under Michigan law. But according to his plea deal, his sentencing will likely be a little different.
The prosecution intends to recommend to Bay County Circuit Judge Joseph K. Sheeran that Cabrera receive a deferred sentence. Instead of prison time, he would instead receive a year of probation. If he is successful in completing his probation, he will be allowed to withdraw this plea to assault with a dangerous weapon, and instead plead guilty to a single count of misdemeanor aggravated assault.
Cabrera’s sentencing hearing is scheduled for 1:30 pm on Monday, January 4th, in the Bay County Circuit Court.