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HOLLIDAYSBURG -- An Altoona man who got into a fight with a UPMC Altoona security officer, then fled the hospital and got into another fight with responding Altoona police officers on a nearby street, has been sentenced to five years' probation.
Blair County Judge Wade A. Kagarise handed down the sentence Friday to Darius S. Kenion, 30, to address aggravated assault and simple assault convictions.
The judge also told Kenion he would give him a chance for early termination of his probation, at 15-month intervals, based on how Kenion complies with conditions monitored by the county probation office.
In court Friday, First Assistant Public Defender Julia Burke asked Kagarise to consider a time-served sentence by pointing out that Kenion, since the April 4, 2020, incident at the hospital, has been subject to various forms of restrictions and court-ordered supervision.
"He's come a long way," Burke told Kagarise. "He has taken this situation seriously."
Kenion's mother, Tosha Elliott, testified during trial that her son was experiencing mental health issues on April 4, 2020, that caused her to contact UPMC. When the hospital declined to send a clinician to her residence because of the COVID-19 pandemic, she said she was instructed to bring her son into UPMC and assured that it would be OK.
"It couldn't have gone more wrong," Elliott told Kagarise.
Because of COVID-19 restrictions, the mother wasn't allowed to go into the hospital with her son, whose behavior prompted the staff to summon a security officer. After fighting with the officer, Kenion ran out of the hospital and got into another fight with responding Altoona police officers.
Assistant District Attorney Jonathan Thomas recommended a sentence of five years' probation.
"He might have been dealing with a mental health crisis at the time, but he needs to be held accountable for his actions," Thomas said.
Kenion apologized in court to the UPMC officer who attended the sentencing hearing. Kenion's mother also told the officer: "My son would not have done that had he been fully himself."
Kagarise acknowledged the officer's on-the-job risk.
"I respect that you put yourself in these situations, and I'm glad your injury wasn't more serious," the judge said. "This (case) highlights the challenges that law enforcement faces with mental health situations."
Kenion opted for a trial-by-judge in August where Kagarise evaluated the evidence and acquitted Kenion of additional charges of aggravated assault, simple assault and escape.
Mirror Staff Writer Kay Stephens is at 814-946-7456.