Last week, a former Navy man was convicted of felony domestic violence even though the victim recanted and a key eye witness failed to show up for the trial.

This week, a judge in Island County Superior Court sentenced the man, 25-year-old Joshua Lucas, to three months in jail and three months of electronic home monitoring.

The jury found Lucas guilty of second-degree assault for burning his wife’s forehead with a car cigarette lighter and fourth-degree assault for biting her leg, both of which occurred in 2019.

In addition, the jury found Lucas not guilty of two additional counts of second-degree assault in which he was accused of breaking his wife’s nose and strangling her.

The trial was unusual for several reasons. It was Judge Christon Skinner’s first time presiding over a criminal trial since being elected last November. Also, Skinner approved a material witness warrant, a rare occurrence in the county.

The victim’s mother, who was an eyewitness to the assaults, was subpoenaed but failed to show up for the trial. Deputy Prosecutor Tamara Fundrella said the woman wasn’t responsive to the prosecutor’s office in the weeks prior to the trial. At one point the witness said she had been busy at work.

When the witness didn’t show up for the trial, Fundrella requested a $5,000 material witness warrant and Skinner agreed.

The woman later claimed to have COVID-19 but Fundrella said she had no way of knowing if that was accurate.

The Oak Harbor police were unable to serve the warrant on the woman because of staffing issues, according to the deputy prosecutor. As a result, the woman didn’t testify.

In addition, Lucas’ wife recanted her allegations and testified for the defense. She defended her husband at sentencing.

“My husband is innocent and he did not try to harm me in any way,” she said.

The woman asked that Lucas receive the shortest sentence possible and that a no-contact order be lifted so she can “conduct business for him as a wife should.” She said Lucas is the family’s main source of income.

Lucas’ mother and a local minister spoke on Lucas’ behalf, describing him as thoughtful and kind.

His mother described how he has gained weight and suffered from depression, stress and sleep apnea since being arrested.

“Joshua is a very respectable and decent young man,” she said.

Lucas spoke briefly, saying only that he will abide by the judge’s ruling, whatever it is.

In court, Fundrella said the victim recanted out of “unbridled desperation” and fear of retaliation. She emphasized that the victim told police Lucas had repeatedly assaulted her in the past.

Fundrella recommended a sentence of six months in jail, which is in the middle of the standard sentencing range. She also asked for a 10-year domestic-violence no-contact order.

Andrew Scott, the attorney representing Lucas, pointed out that the case is Lucas’ first offense and that the victim testified she had lied to police.

Scott argued that fear of retaliation wasn’t motivating her since a no-contact order had been protecting her for two years.

He asked for the minimum three-month sentence but also suggested that Lucas could spend an additional three months on electronic home monitoring.

Skinner agreed with the recommendation from the defense. He also ordered that Lucas undergo mental health and domestic abuse evaluations and complete any recommended treatment.

Skinner imposed a one-year no-contact order, which he said could end earlier if Lucas completes the evaluations and any treatment.

In announcing the sentence, Skinner noted all the support Lucas has from family and friends, many of whom spoke for him at the hearing or wrote letters of support.

“I believe you are a good person,” the judge said. “Good people make mistakes and sometimes they have bad judgment.”

A report by Oak Harbor police states that Lucas assaulted his wife following an argument at a bar. The woman reported that Lucas started hitting her when they arrived home in a vehicle. He pulled her hair, bit her on the leg and burned her on the forehead with a car cigarette lighter.

The report states the woman was able to escape out the passenger door, but Lucas came around the car and started strangling her.

The victim’s mother witnessed the assault and tried to intervene, but was also assaulted, the report alleges.

Lucas reportedly took his wife’s phone and left.

One of the officers who responded to the scene noted that the victim’s face was bruised and bloody. She had a round burn on her face, a broken nose and large, dark bruises on her leg with teeth marks so deep they had started to bleed, the officer wrote.

The woman told police Lucas had “choked her out” on previous occasions. She said she didn’t report it because he warned her nobody would believe her since he was in the Navy and she didn’t even have a GED.

As he was being arrested, Lucas emptied his pockets, pulling out a pink cell phone that belonged to his wife.

Lucas also pulled out a car cigarette lighter, which he tried to hide and pass to a Navy friend, the officer wrote.

In an interview, Fundrella explained that it’s not uncommon for victims of domestic violence to change their minds about testifying.

There are many reasons for this, including the significant social and financial impacts as well as fear of further violence.

“Just because a victim changes their mind doesn’t mean this office won’t pursue justice,” she said, “and it doesn’t mean they don’t deserve justice.”