Man withdraws guilty plea in alleged box-cutter attack

POPLAR BLUFF, Mo. -- A Poplar Bluff man accused of cutting another man with a box cutter wasn't sentenced Tuesday as expected, but instead withdrew his guilty plea.

William Fanter, 33, was supposed to appear Tuesday before Presiding Circuit Judge Michael Pritchett for sentencing after having pleaded guilty in June to felony first-degree assault. Fanter had pleaded guilty to amended information the state filed with the court charging him with a lesser assault charge.

At the time of the plea, Pritchett ordered a sentencing assessment report by Probation and Parole.

Pritchett continued Fanter's sentencing, originally set for Aug. 27, to 10 a.m. Oct. 8 to give Fanter and his attorney, Jemia Steele with the Public Defender's office, more time to discuss the report.

After reviewing that report, Pritchett said, he had "some concerns based on statements made by Mr. Fanter in the report."

As he went over Fanter's case history, Pritchett reminded Fanter he had asked him whether the state's statements of facts were correct.

"You said it was; that is was the truth," Pritchett said.

Pritchett read Fanter the amended information, which said Fanter cut Timothy Hartwick on the left side of his neck with a box cutter.

"You know what the charge was; what you pled guilty to?" Pritchett said.

Fanter answered affirmatively as he did when Pritchett asked whether he knew he "pleaded guilty to attempting to cause serious physical injury" to Hartwick.

Pritchett said his concerns surround statements Fanter made during his interview with the probation officer completing the sentencing assessment report.

"At this point there are not any wrong or right answers," but "I need you to tell me the truth," Pritchett said. " … What you said in your report was it your intent to cut his arm in self-defense to get (Hartwick) to release his grip on your neck, and you accidentally cut his throat.

"Is that the truth? … You've written correspondence to me that you never intended to hurt Mr. Hartwick. That contradicts your plea of attempting to cause serious physical injury."

Fanter apologized, indicating he "said it wrong. I did not go up there that evening with the intent to hurt [anyone]. … I did not have those intentions."

Pritchett told Fanter he did not want him to admit to something he did not do.

"Either you did attempt serious physical injury or you did not, understand?" Pritchett said. " … The best remedy is to allow him to withdraw his plea."

Based on this information, Pritchett said, the plea was not made knowingly or with a full understanding if the statements are true.

Butler County Prosecuting Attorney Kevin Barbour agreed and requested the state be allowed to withdraw its amended information and proceed with the original information, which charged Fanter with the Class A felony of first-degree assault and the unclassified felony of armed criminal action.

Pritchett agreed to Barbour's request, then told Fanter there was nothing for him to be sorry about as he believes the "problem all along" has been Fanter not understanding the process.

Pritchett ordered Fanter to appear at 10 a.m. Oct. 8 for trial setting in his case.

Fanter was charged in connection with an incident, which occurred at 11:55 p.m. June 22, 2012, at an apartment building in the 700 block of Cynthia.

Poplar Bluff police officers, according to reports, earlier had responded to a complaint by Fanter, who accused Hartwick of having loud music and noise from his upstairs apartment, which hindered sleep by members of Fanter's household.

It reportedly was quiet for about 10 minutes after officers left. But the music, as well as what was described as stomping and drawers slamming, allegedly resumed.

Fanter "confronted the victim" about the loud music and noise, and a "fight ensued, and the suspect struck (Hartwick) on the neck with a box cutter," Patrolman Darron Moore said in his report.

Fanter reported he carried the box cutter, which he used on his job, in a pocket.

"(Hartwick) received a deep cut to the left side of his neck," Moore said.

Hartwick, then 45, underwent surgery for what authorities described as a serious laceration to his neck.