A Sierra Vista man who faced 30 years in prison for kidnap and aggravated assault surprised the courtroom Tuesday when he asked to stop his trial in the middle of the victim’s testimony so he could plead guilty.
Michael Gregory Spears will serve a 10-year sentence after entering an unexpected guilty plea to domestic violence kidnapping. The Class 2 felony stems from an incident in January during which Spears restrained a woman and yanked out one of her front teeth with the handle of a toothbrush.
Spears’ trial started Monday at the Cochise County Superior Court in Bisbee and was set to run four days. The victim had only testified for about an hour Tuesday morning when Spears, 30, asked defense attorney Harry Moore if a plea deal was still possible.
Jurors were out of the courtroom on a break at the time.
The request by Spears was so unforeseen that prosecutor Yancey Garner told Judge Laura Cardinal he needed an hour to prepare the necessary paperwork and the attorneys needed to figure out what charge Spears would plead to so a 10-year sentence could be imposed.
The victim, who was planning to resume her testimony after the break, approved of the plea idea, Garner reported. Cardinal then brought the jurors into the courtroom where she told them that “developments” in the case necessitated taking an early lunch.
Outside the jury’s presence the judge expressed her skepticism of Spears’ sudden decision. Court records show Spears declined plea offers from the Cochise County Attorney’s Office in May and August, as well as one Garner put forth at an Oct. 1 pre-trial hearing.
“You’re certain?” Cardinal asked. “Yes, ma’am,” Spears replied.
The judge then inquired whether anyone was coercing or intimidating Spears to plead guilty. “No ma’am,” he replied.
Cardinal later conducted a formal change of plea hearing and found Spears was “knowingly, voluntarily and intelligently” entering into the plea deal. Eight other charges will be dismissed as part of the plea deal.
When the jurors returned from lunch the judge thanked them for their time and informed them their jury service was ending two days early.
Spears will be sentenced by Cardinal on Nov. 21 at the Cochise County Superior Court in Bisbee. Public records show he has two prior convictions for misdemeanor assault.
The trial was Garner’s first since joining Cochise County as a deputy county attorney earlier this year. He previously worked for the Yuma County Attorney’s Office.