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Derry woman gets year in jail for stabbing boyfriend
BRENTWOOD - A Derry woman was sentenced to a year in jail and a heavy battery of treatment after admitting Tuesday that she stabbed her boyfriend in the chest and arm with a knife.
Nancy Davis, 43, pleaded guilty to second-degree assault for attacking her boyfriend at home last Nov. 16 in a drunken rage.
Prosecutors argued for a two- to four-year prison term, but Davis' months of treatment after the assault swayed a judge into allowing a county jail sentence. Davis faced charges of first- and second-degree assault for stabbing her boyfriend, Laurent Fauteux, while she was intoxicated at their home.
Prosecutors dropped the first-degree assault charge in exchange for Davis' guilty plea. Fauteux gave Derry police differing statements about what happened on Nov. 16, including an account that Davis had nothing to do with it, prosecutors said.
Defense lawyer Maria Peppas argued that her client's drinking was practically around the clock prior to her arrest last year. Davis checked herself in to two residential treatment programs after her arrest, then continued with counseling and Alcoholics Anonymous meetings while holding down jobs to pay for her rehabilitation, Peppas said.
Part of Davis' jail sentence will require her to enroll in a Strafford County rehabilitation program that Peppas told Judge N. William Delker is "tougher than jail."
Those enrolled in the program are not allowed phone calls or visitors, and work on their treatment from 5:30 a.m. to 9 p.m. at night, Peppas said.
Assistant County Attorney Lisa Cirulli argued that Davis already has three previous simple assault convictions, including one against a Derry police officer in 2009 and another involving her boyfriend from last June. Cirulli said it's clear that victim in the latest case has tried to minimize the incident, but the wounds he suffered were among the worse she's seen as a prosecutor.
"From the state's perspective, it's anything but an accident," she said.
Delker, who reviewed photographs of the victim's wounds, told Davis, "had you been six inches to the left, Mr. Fauteux would not be alive today."
Delker said he also recognized her efforts at recovery.
"I have to say, in the sentencing cases I've done, I could probably count on one hand the defendants who have taken the steps you have," he said. Delker said he agreed with the county jail sentence, knowing that prosecutors will retain the right to ask for a 3½- to 7-year prison sentence if she fails to comply with her probation for the next three years.
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