PITTSFIELD -- A man who stabbed his nephew with an ice pick during an argument is serving six months in jail.
According to investigators, Frank Messer, 54, was in a drunken brawl with his relative just before midnight on Feb. 13 after an argument turned violent.
When other family members separated the men, Messer grabbed an old-fashioned ice pick with a wooden handle and stabbed the 24-year-old in the forearm and back, according to a police report.
While the injuries were not life threatening, a police report indicated they were "severe."
On Monday in the Jury of Six session of Central District Court, Messer’s attorney, Thomas C. Doyle, said his client had no memory of the incident because he was so drunk.
At an earlier hearing, Doyle said Messer’s last memory that night was of his nephew stomping on his head. The nephew was not charged.
Messer pleaded guilty to a single count of assault and battery with a dangerous weapon. A charge of assault to murder was dismissed by the prosecution.
Judge Paul M. Vrabel sentenced Messer to six months at the Berkshire County Jail & House of Correction to run concurrently with an 18-month sentence he’s already serving.
The sentence was in line with a joint recommendation between the defense and prosecution.
The nephew refused to testify in the case, according to the Berkshire District Attorney’s Office. Because of this, Assistant Berkshire District Attorney Daniel Hespeler agreed to the six-month sentence.
In March, Messer was found guilty of charges of breaking and entering in the nighttime for a felony and larceny under $250. Police said he broke into an uninhabited Dartmouth Street residence in August 2013 and stole copper pipes.
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