After pleading guilty to pushing his girlfriend through a wall of drywall and throwing her down the stairs of his home, a Provo man was sentenced to serve probation and a year in the Utah County Jail.
Judge James Brady suspended a prison sentence and also ordered Luke John Battiloro, 37, to serve six months in home confinement on a GPS monitor after he is released from custody.
“Being placed on probation is not a gift. It is also not a termination of the prison sentence,” the judge stated. “The reason for placing you on probation is that I see you have very little in the way of criminal history.”
Battiloro was charged in April with aggravated assault, a second-degree felony, as well as obstruction of justice, violation of a protective order and tampering with a witness, all third-degree felonies.
He pleaded guilty or no contest to all charges in July. He will also serve 48 months on probation after his home confinement.
According to court documents, Battiloro argued with his girlfriend before grabbing her arms and pushing her through a wall of drywall in his home.
“Defendant then picked the victim up by her neck, choking her. Defendant then threw the victim down the stairs,” charges state. “During her fall, the victim hit her head and lost consciousness.”
When the girlfriend regained consciousness, Battiloro refused to allow her or the three children in the home to leave to prevent them from reporting the domestic violence assault.
During the sentencing on Tuesday, the girlfriend tearfully explained how her life was altered after the violent assault.
“I keep trying to put my life back together, but the smallest thing sends me back to living that day and I’m terrified all over again,” she said. “I want justice to be served. I want to feel safe.”
She sent pictures of her injuries, including a concussion and severe bruising across her body, to her mother who called the Provo Police Department.
When police arrived, Battiloro refused to let the girlfriend or the children at the home answer the door. When officers called the girlfriend’s phone, Battiloro told her to lie and say she wasn’t at home.
Officers gained entrance to the house anyway and Battiloro was arrested and held without bail.
“This was a one-sided beat down,” said prosecuting attorney David Sturgill. “Clearly, (she) has been the victim of domestic violence.”
While Battiloro’s family members testified that he is a good father and doing good in the community, the judge made it clear his decision was based on the facts of the incident and the recommendations of the law.
Defense attorney Michael Petro stated Battiloro had changed his attitude and taken accountability for his actions during the 126 days he spent in jail following the assault.
“It’s our belief that he should be released from jail and placed on probation,” he said. “I have no doubt he will comply with all the rules of probation.”