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ST. GEORGE — A defendant was sentenced to prison on aggravated assault following a beating last summer that left a man in critical condition in Washington City, so injured, he now reportedly has the mental capacity of a child.
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On Wednesday, 22-year-old Ivan Rosenberg-Johnson appeared for a sentencing hearing held in 5th District Court on one third-degree felony count of aggravated assault, a charge the defendant pleaded guilty to in December, after the offense was reduced from a second-degree felony charge.
The case stems from an incident reported on July 7, 2021, when officers were advised that a man had been admitted to St. George Regional Hospital in the middle of the night who was seriously injured following a violent encounter that took place hours before, according to court documents.
The man was treated for two stab wounds to his side that punctured his right lung, along with a fractured wrist, one of which required a metal implant to repair. He also suffered “a multitude of contusions to his head, neck, and upper body,” according to initial reports, also noting that the attack left the man with critical injuries that required continued medical intervention at the hospital.
The assault took place near a residence off Washington Fields Road where a party was being held; during which, a verbal altercation broke out between several of the guests, including the man who was assaulted by at least three other men and later ended up in critical condition at the hospital.
The attack was captured on the home’s security cameras that showed the three suspects delivering a series of violent punches, all hitting the man simultaneously until several onlookers broke up the encounter. A second encounter took place shortly thereafter, where six men continued the assault on the injured man. The altercation was filmed by several bystanders, and the footage was later turned over to investigators.
The footage showed the victim being knocked to the ground, where he lay “defenseless,” while the suspects continued kicking and punching him. Another suspect was seen stabbing the injured man still lying in the street.
The aftermath of the assault, as well as the injuries that left the victim’s life forever changed, were addressed by District Judge Jefferey Wilcox, who spoke to the family of the victim prior to the proceedings, while addressing the defendant during his ruling.
During the hearing, defense attorney Larry Meyers addressed the court by saying the presentence report placed the primary focus on his client’s criminal history, which was extensive and also the major factor in recommending the prison term for his client.
Even so, Meyers said, Johnson’s criminal history, however lengthy, showed one prior assault charge, while all of the defendant’s other cases were almost exclusively related to drugs or alcohol, except the case Johnson was being sentenced on during Wednesday’s hearing.
“And I think that is important to consider,” Meyers said, adding that drug and alcohol abuse is often an underlying factor in many crimes, as was the case during the incident reported in July.
Meyers also reiterated that his comments were not meant to minimize the seriousness of the crime in any way but only to make it known that alcohol played a significant role in the events that unfolded that day.
The attorney continued by asking the court to consider two possible alternatives to the report’s recommendation; the first of which would be a jail sentence followed by supervised probation that would also incorporate an inpatient treatment program.
The second option would be to sentence Johnson to a long-term substance abuse treatment facility instead of prison, also followed by supervised probation. Meyers also said he had just received word that one of the treatment facilities has a bed open.
Prosecutor Tyler Bonzo said the state’s position was to follow the recommendation that Johnson be sentenced to serve a prison term, as set forth in the presentence report, he said, adding the idea of the defendant being out in the community on his own recognizance is concerning, in light of his extensive criminal history.
The defendant’s history also shows that probation and treatment haven’t really worked out for him, the prosecutor said, and he has also been shown to be noncompliant with authority figures in the past. And while he certainly needs treatment, Bonzo said, when given the chance to participate in the recovery court program, he failed to put in the work and was terminated unsuccessfully.
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Bonzo closed by saying it was the state’s position that Johnson “has earned a prison sentence,” which is the appropriate sentence in the case.
During rebuttal, Meyers said his client has taken responsibility for his actions, which was further demonstrated by the defendant’s decision to enter a guilty plea, instead of taking the case to trial. He went on to say that while his client was involved in the assault, he did not use any weapons, nor did he cause the man’s serious bodily injuries, from what was documented in the case.
Meyers also said his client pleaded guilty “because he felt like it was the right thing to do to accept what he had done and to accept his punishment.”
The attorney closed by saying if the court saw fit to send his client to prison “one more time, then I think we’ve put him in the best possible position here to succeed this time.”
When it was time for Wilcox to speak, the judge addressed the defendant by saying he would not leave him waiting to learn what his sentence would be.
“You’re going to prison, and I‘m going to tell you why,” Wilcox said.
The judge said he does not normally send young people to prison, as it can tend to harden them. But, in this case, he said he had no choice, considering the seriousness of the attack, one that caused injuries so severe they left the victim with the mental capacity of an 8- to 10-year-old child.
To Johnson, Wilcox said the man was left in that condition “because of the beating you gave him when you kicked him and hit him, and he was defenseless and probably unconscious during the times that you were doing that.”
Further, the judge said, the victim has a 4-year-old daughter who doesn’t understand why her father is no longer the same, adding that the man’s life is ruined and his parents have been left to deal with the aftermath of the beating and the fact that they no longer have the son they had before the attack took place.
The judge also said even though Johnson did not stab the man, the defendant’s actions still resulted in serious bodily injury.
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The second reason Wilcox said he was sending Johnson to prison was because of his extensive criminal history, noncompliance and a number of probation terms that were terminated unsuccessfully. That included the probation term that was still active when Johnson inserted himself into the altercation and almost beat someone to death.
“And at some point,” Wilcox said, “I need to look at society and to protect them.”
Wilcox then sentenced Johnson to serve 0-5 years in Utah State Prison. He was also ordered to pay more than $9,330 in restitution. The defendant’s other cases were also resolved with consecutive sentencing.
The judge closed by saying that there are those who are hardened by prison, while others, particularly young defendants, who come to realize they never want to be in prison again and turn their lives around. He said he hoped it would be the latter group that Johnson would find himself in.
“So far,” Wilcox said, “you’ve shown me that you’re a danger to society.
The defendant was ordered to begin serving his sentence immediately, and the transport order to Utah State Prison was signed during the hearing.
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