By Jason Arndt
SLN staff
Despite claims of self-defense and having an alcohol problem, a 42-year-old Walworth man convicted of trying to kill his adult son was sentenced to 15 years behind bars on June 28, 10 years more than what the defense requested.
Gabino Dominguez Gonzalez, who was found guilty of attempted first-degree intentional homicide and aggravated battery intending great bodily harm by a jury April 20, asked for forgiveness through his interpreter.
Additionally, according to his defense attorney Michelle Dietrich, Gonzalez acknowledged having a drinking problem and was remorseful for his actions the night of Dec. 27, 2015, when he beat his then-23-year-old son with a baseball bat at their Beloit Street apartment in Walworth.
According to the criminal complaint, Gonzalez and his son went to Show Palace in the Town of Darien where they drank Dec. 26. Gonzalez told police his son became angry when Gonzalez wanted to leave the club, they began to argue, and the son punched Gonzalez in the parking lot and said, “I’m going to hell and taking you with me,” the complaint states.
After the manager intervened, the two returned to their Walworth home where Gonzalez said the man attacked him when he came out of the bathroom, according to a criminal complaint.
In response, Gonzalez took a baseball bat and hit the man three or four times, according to the complaint.
In the three-day jury trial, Gonzalez said the strikes were in self-defense, and he did not intend to kill him.
“The jury didn’t buy any of the defendant’s claims,” assistant district attorney Haley Johnson – who requested 25 years in prison and 10 years probation, said.
Johnson, who recounted the 911 call made by Gonzalez’s then-11-year-old daughter, showed Walworth County Circuit Court Judge Phil Koss the bloodied photos of Gonzalez’s son as he lied in a hospital bed.
“She talks about blood on his face,” said Johnson, who noted the son had lost his vision as a result of the attack.
The son, who was taken to Mercy Hospital in Janesville, suffered several facial fractures, bleeding on his brain, bruising and swelling on his chest and shoulders and deformities of his face.
Furthermore, Johnson said Gonzalez’s son spent 11 days in the hospital recovering.
Gonzalez’s attorney, Michelle Dietrich, who noted his alcohol problems, said her client was remorseful and thankful his son survived.
“Mr. Gonzalez has extreme remorse for what he has done. My client is thankful that his son did not die,” Dietrich said. “This was extremely out of character for him. There is no doubt in my mind that he has issues with alcohol.”
Dietrich, who requested a five-year sentence for Gonzalez, outlined his established work ethic including that he has supported his family since coming to the United States from their native country, Mexico.
The five-year sentence, however, is two years less than the pre sentencing recommendation of 7 to 9 years.
Like Johnson, and the jury of six men and women, Koss refuted Gonzalez’s claims of self-defense.
“The first blow is self-defense, but what about the second blow, is that self-defense?” Koss said. “Did you ever ask if your son was still alive? Your daughter thought he was dead.”
“The jury believes you intended to kill your son,” Koss added.
While Gonzalez received 15 years probation, it is likely he won’t serve it, since Immigrations and Customs Enforcement has a detainer on Gonzalez.
