Sentencing in March in battery case

Sentencing is set March 3 for a 27-year-old South Lake Tahoe man who pleaded guilty to battery after he, his mother and the victim crashed through a rail and fell from a 4-foot balcony.

James Mickelson faces six years in prison for battery by a probationer or parolee.

He is accused of choking and punching the victim after they fell off the balcony Nov. 9 at his mother's residence.

Mickelson told District Judge Dave Gamble he was "a little intoxicated" when he got into the fight at his mother's. He was on probation from California for resisting arrest.

He said his mother didn't want him to leave and the victim grabbed the two of them to break up an argument when they fell through the balcony.

"I wrestled around with him a little bit," Mickelson said.

"I would suggest you're looking at this slightly incorrectly," Gamble said. "Nothing you're discussing sounds like 'a little scuffle.' By the time you come back here, recognize this for what it was."

"I'm not minimizing it," Mickelson said. "You can speak with the victim."

Gamble told Mickelson it was not a good idea to interrupt the judge.

"This is your crime, what you exposed yourself to," Gamble said.

"What do you want me to re-evaluate?" Mickelson asked.

"How about not whipping up on your mom and not crashing through porches drunk while you're on probation out of California?" Gamble said.


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