Man convicted of numerous domestic violence charges to be resentenced

PORTLAND, Maine (WABI) - The Maine Supreme Judicial Court has partially vacated the sentence of a man convicted of numerous charges in connection with a domestic violence incident six years ago on Verona Island.

Jeffrey Witham, 50, was convicted on ten counts, including domestic violence aggravated assault with a dangerous weapon and kidnapping.

Court documents say Witham violently assaulted his partner of four years while she was holding her six-year-old child after his dog ran away from their shared home.

Documents say Witham threw the victim against a piece of furniture, bashed her head on a mirror, strangled her, jammed a baseball bat against her neck, punched her in the face with a closed fist, and smashed a bottle of calamine lotion into her forehead so hard that the words “open” and “close” were imprinted on her skin.

He was sentenced to 22 years in prison and six years of probation in October of 2023.

Witham appealed, claiming the trial court erred by not giving a specific-unanimity jury instruction and by denying his post-judgment motion for a mental condition examination. He also claimed the sentencing court unlawfully increased his sentence based on a conclusion that there were firearms involved in the convicted offenses, despite the jury finding that none of the offenses were committed with the use of a firearm.

The court denied Witham’s arguments behind the appeal, but ruled some counts should have been combined, saying quote, “It is obvious error to punish a defendant twice for the same offense.”

In the domestic violence charges, two counts had been merged by the trial court, but the Supreme Judicial Court found Witham was still sentenced on both.

Witham will be resentenced on those counts.

If you or someone you know if experiencing domestic violence, help is available. You can reach Partners for Peace’s 24-hour hotline at 1-800-863-9909.