Dec 23

Written by: ngreditor
12/23/2008 7:27 PM 

Nygren sentenced in assault case

Kenneth Purscell

Lucas Nygren, 21, of Newman Grove received a prison sentence of six to ten years at a hearing in Madison County District Court on December 19.

Nygren pled guilty in September to a charge of first degree assault related to the death of Rikki Becher, also of Newman Grove, in October, 2007.

The incidents took place at a party at a home in Newman Grove where alcohol was consumed by both adults and underage people.

Albert “Rocky” Becher, brother of the deceased, testified for the state. “Mentally it’s been tough for the family,” he said. He, his sister, and their mother have each had medical difficulties stemming from the death.

“Two families have been severely disrupted,” he said. “Our lives have been changed forever. It’s tough on both families in different ways. I haven’t spoken to them [Nygren’s family], but they’re going through tough times also.”

When asked his opinion about a possible sentence, Becher said, “I would like him to have some time to think about this.”

The defense did not cross-examine Becher, nor did it call any witnesses.

In his closing statement, Madison County Attorney Joe Smith said that the assault was “not an ordinary fight.”

Smith referred to a witness statement that Nygren had kicked Rikki Becher while the latter was lying on the ground. “The last event couldn’t have been provoked,” he said, calling it “an act of unprovoked savagery.

“This is a first degree assault as serious as it gets,” Smith summed up.

Defense attorney Ron Temple pointed out that the prosecution had had to amend the charge from manslaughter to assault. “The pathologist wouldn’t tell the state what the state wants,” he said. “How many times does the state get to try to make the pathologist change?”

The pathologist’s report found that Becher had died from asphyxiation from stom ach contents. Both the blow to the head and the victim’s high blood alcohol content contributed to the cause of death.

“Mr. Nygren wants the court and the Becher family to know how sorry he is,” said Temple. “We understand there have to be consequences. There are no winners.”

Temple disagreed that the assault was unprovoked, saying that Becher repeatedly provoked Nygren at the party, coming after him and describing both him and his family with obscenities.

“By no means did Becher deserve to die,” said Temple. “But Luke went too far because a person can only take so much abuse.”

The defense recommended a sentence of five years’ probation, with time in the county jail given thirty day portions.

“I deeply regret what happened,” Nygren said in comments to the court. “I wish that night could be taken back.

“No one deserves what happened to Rick,” he continued. “I am truly sorry.”

“The community needs to learn that abuse of alcohol is lethal to its members,” said District Court Judge Patrick Rogers. “All risk the outcome experienced by both families here.”

However, the judge continued, “It is difficult to find any justification for the use of physical force, no matter how upsetting the words may have been.”

Referring to statements made to the police that others at the party had tried to discourage Nygren, Judge Rogers said, “This was not a split-second decision.

“The defendant intended serious harm,” he said. “It was a violent act. The circumstances of the crime are not to be tolerated.”

The judge took into consideration the defendant’s age, health, and record. But, he said, “A lesser sentence would show disrespect for the law.”

Nygren will serve a minimum of three years before he is eligible for parole. He was given two days’ credit for time served.

Judge Rogers also ordered Nygren to participate in an alcohol evaluation program.