(Delmarvanow.com) -- A Bloxom man who pleaded guilty in July 2016 to malicious wounding of a man he thought was having an affair with his wife was sentenced in Accomack County court last week.
Larry Bailey, 58, who has been out on bail after serving eight days following his arrest in relation to the incident in August 2015 will not serve any more jail time, the court ruled.
In court during sentencing, Bailey, a former National Guardsman, was described as a man of good character for whom “one moment in time altered the direction of his life lived well.”
According to court testimony, in August 2015, Bailey confronted a man he thought was having an affair with his wife at the Eastern Shore Family YMCA.
The court was told during trial that witnesses saw Bailey go to his pickup truck and pick up an object described as a machete or possibly a lawn mower blade.
He cut the victim quite badly, said then-Assistant Commonwealth’s Attorney Spencer Morgan at his trial. He said the victim ran back into the building where he received aid for his wounds.
Bailey got into his truck and drove away. He was later stopped in Accomac.
When asked by police what happened at the YMCA, Bailey first said the victim cut himself. Later, he said the victim had a gun in his car.
Defense attorney Carl Bundick described the attack as occurring in the “heat of passion.” Morgan disputed that.
At the sentencing hearing last week, an employer and a fellow former Guardsman both attested to Bailey’s good character.
They said his behavior that day was unlike anything they had ever seen.
Bailey told the court he had never drunk alcohol or used drugs.
Bundick said his client even had an almost perfect driving record. There was one charge of driving a car with illegally tinted windows in 2007, he said.
“I have had the distinct pleasure of getting to know Larry Bailey,” said Bundick. “One moment in time altered the direction of his life lived well. He served his country for 23 years, supported his wife and two grandchildren and has no prior criminal history. He has been a stabilizing force in his community."
He urged Judge W. Revell Lewis III to show more leniency than the sentencing guidelines would indicate.
“The court is aware that in certain situations in relationships, things can happen. When those occur, people can behave in a way that is completely out of character from the way they have lived their entire life,” the judge said.
Lewis described Bailey’s crime as “born in passion, but not committed in the heat of passion.”
“He observed his grandchildren, now 18 and 12, needed more parenting than they were given and took them and raised them.”
He also noted that Bailey lost his job and good benefits with the Pocomoke school system and now has a felony conviction.
He sentenced him to five years and suspended all that time and ordered Bailey to be on good behavior for the rest of his life.