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Man convicted of beating mother By Chris Bristol A mentally ill Medford man who has a history of violent assaults was acquitted Wednesday of dropping a TV set on his mother�s head during a savage beating in which he tried to gouge out her eyes. David Sommerer, 24, avoided a mandatory 70-month prison sentence for second-degree assault when his mother, Laurie Ward, testified her eyes were so swollen from the attack that she didn�t actually see her son pick up the TV. "I just remember it coming down and hitting me," Ward testified. "I�m not sure if he actually threw it." Sommerer, a diagnosed schizophrenic, was nevertheless convicted of three lesser charges (including third-degree assault) for punching and kicking his mother and gouging her eyes with his fingers, according to court testimony. Prosecutor Matt Chancellor said he plans to seek the maximum penalty he can � an "upward departure" of four years � in part because of the brutality of the beating and because it was Sommerer�s sixth conviction since 1995. Three of his prior convictions were for assault. Among them was an incident in August 1999 in which he punched a pregnant woman in the stomach and threw a 10-pound rock at another woman, hitting her in the chest. "We want the max," Chancellor said of the sentence he wants. Sommerer�s defense attorney, Bob Abel, said his client needs help. "He needs treatment. Fortunately, we have (treatment programs) in the penitentiary system." Police arrested Sommerer on the spot Aug. 27 after responding to a 911 call and found Ward staggering from her Haven Street home, her eyes swollen shut and her face covered in blood. Sommerer had been arguing with his sister, and Ward testified that her son became enraged when she told him to move out. He refused, then attacked her when she tried to call 911. Ward has made close to a full recovery from injuries suffered in the attack but has lingering nerve damage to her right eye and some facial disfigurement. Although much was made of the defendant�s mental problems � a defense psychologist testified Sommerer is a schizophrenic but not insane � the case ultimately hinged on the extent of the attack. Ward initially told police her son threw the TV at her, apparently while she was lying on the floor. She backed off that statement Wednesday but still testified it was unlikely the 19-inch RCA tumbled accidentally from its perch atop a heavy dresser. Nobody else but Sommerer�s sister, Erica McMahan, witnessed any part of the attack, and she was outside at that point talking to emergency dispatchers on a cordless phone. The defendant did not testify. Because Sommerer waived his right to a jury, the verdict belonged to trial judge Ray White. The judge said it was "probable" the defendant threw or dropped the TV on his mother, but doubt remained. He acquitted Sommerer of second-degree assault but convicted him of third-degree assault, fourth-degree assault and harassment. A sentencing date has not been set, pending a pre-sentence investigation. According to court records, Sommerer has at least five prior convictions in Jackson County: one for first-degree theft, one for drug possession (LSD) and three for assault. In 1995, at the age of 19, he was convicted of second-degree assault for kicking and stomping a friend�s romantic rival, according to court records. The 21-year-old victim was hospitalized in critical condition for head injuries. Sommerer was sentenced to 23 months in prison in that case. Under Measure 11, which took effect in 1995, a conviction on the same charge today would have drawn a mandatory sentence of five years and 10 months in prison. Reach reporter Chris Bristol at 776-4487, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2000 Mail Tribune, Inc.