A Hammond man was sentenced to 16 years in prison Thursday for a fight that left his cousin blind in one eye.
Kevin J. Smith, 42, signed a plea deal in April for aggravated battery, a Level 3 felony.
He will also pay about $1,000 in restitution for the man’s medical bills.
His lawyer John Vazanellis said he had known Smith for a “long time” and was in “disbelief” when he learned what happened. Both men had been drinking. The cousin pistol whipped Smith, who reacted out of hand, the lawyer said.
“I truly am sorry and please forgive me,” Smith said in court.
It was “unfortunate” for both men, Judge Samuel Cappas said.
“You don’t have a right to self-defense once the threat is gone,” the judge said.
Police were called at 3:24 a.m. on March 6, 2022, to a house on the 10000 block of Doubletree Drive North in Winfield where a man was lying in a driveway.
The victim later told police Smith was “becoming violent” and he had tried to get him to leave.
Outside, Smith aggressively moved toward the man, according to Ring security footage. The victim put his hand out to keep some distance.
When Smith moved toward the man again, the victim pulled out a gun from his right pocket and beat Smith with it, charges allege. The victim then tripped and fell at some point. Smith kicked him in the head 24 times before taking the gun and leaving.
A nurse later told police the injuries were “catastrophic” and that he would be permanently blind in his left eye and possibly his right, according to court documents. Smith told police he threw the gun in a lake across from the Winfield house, documents allege.
After the hearing, Vazanellis said he had known Smith for a decade, and he didn’t have a serious criminal record that would have foreshadowed what happened.
Special Prosecutor John Meyers was assigned.
mcolias@post-trib.com
