Probation likely for man accused of backing over three
A Smartsville man accused of running over three people at Marysville Raceway will likely receive probation after a Yuba County Superior Court judge continued his sentencing Monday.
Gary Gustafson was arrested by the Yuba County Sheriff’s Office Jan. 13 on suspicion of three counts of assault with a deadly weapon and felony hit and run, with a sentence enhancement for great bodily injury.
According to an initial report by the sheriff’s office, Gustafson was involved in a dispute over a stolen motorcycle.
Gustafson allegedly backed his vehicle into a group of people, causing three injuries. One victim had a broken collarbone, another was knocked unconscious, and a friend of the defendant had a broken leg and back.
Witnesses captured video of the incident and turned it over to police.
Gustafson was facing up to five years in prison for the hit-and-run charge. He pleaded no contest in May.
During the sentencing hearing, Judge Benjamin Wirtschafter said the captured video showed that Gustafson was under “undue duress” and stress.
He said based on what he saw, Gustafson didn’t intend on causing any injuries to the victims and should be granted probation.
Wirtschafter continued Gustafson’s sentencing to give the county’s probation department enough time to determine specific terms and conditions of the defendant’s probation.
Gustafson was ordered to return to Yuba County Superior Court at 1:30 p.m. July 31to go over the terms and conditions and for a judge to make a final decision on sentencing.
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