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Gary man who scalded brother gets probation

Michael Sudberry.  | Provided Photo~Sun-Times Media

Michael Sudberry. | Provided Photo~Sun-Times Media

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Updated: July 17, 2012 12:44PM



Lake Superior Court Judge Thomas Stefaniak Jr. sentenced a Gary man to 40 months on probation for battery in which a jury found he scalded his brother with boiling water.

Michael Sudberry, 61, of the 1300 block of Lincoln Street, must pay his brother, Kenneth Sudberry, $4,308 in restitution to cover medical bills that weren’t paid.

Kenneth Sudberry said he continues to suffer from the physical, psychological, emotional and financial aspects of the case after suffering second- and third-degree burns on his face, chest, arm, back and shoulder. He was transferred to the Loyola University Hospital burn unit, where he underwent daily wound treatment and accrued more than $15,000 in medical bills before having to leave the facility because he had no insurance.

The crime occurred Aug. 27 in the 1500 block of Wallace Street, where Kenneth Sudberry said he was living and caring for his 91-year-old mother. The two men got into a physical fight that escalated. Kenneth Sudberry said he was stabbed twice with a pencil before his brother threw boiling water on him, then pressed the pot into his face and struck him on the head.

Jurors rejected Michael Sudberry’s self-defense claim.

Deputy prosecutor Monica Rogina argued for an aggravated sentence in light of the pain the victim continues to experience.

Defense attorney Scott King argued for leniency and said his client was backed into the stove after Kenneth poured a glass of water on Michael.

Stefaniak found several mitigating factors, including Michael Sudberry’s lack of criminal record, the fact that circumstances that led to this crime are unlikely to recur, and that his character and attitude suggest it’s unlikely for him to commit another offense. The lone aggravating factor he found was the serious bodily injury Kenneth Sudberry suffered.



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