ASHLAND — A detective with the Ashland County Sheriff’s Office convicted of assault against his wife was sentenced to probation and community work service instead of jail, a magistrate ruled Friday.
Brandon Banks, 35, a detective with ACSO since February 2019, faced up to 180 days in jail and a $1,000 fine for the misdemeanor conviction.
Before the sentence, he was given the opportunity to make a statement.
Banks was contrite.
“I take full responsibility for my inexcusable behavior that put my family in this position,” he said. “The word ‘sorry’ does not begin to describe how I feel toward my wife and my children for what I did and the position I put them in.”
He said he has been proactive in dealing with issues at therapy sessions. They’ve helped him cope with depression, anger and substance-abuse issues.
He asked the court give him an opportunity to continue with counseling by sentencing him to probation.
Ultimately — having heard Banks’ statement and supporting argument from his attorney, Jim Mayer III — Oxley sentenced him to 90 days in jail, but suspended the jail time in favor of probation for one year, a $250 fine and 40 hours of community service work to be completed by July 1.
The magistrate also terminated the temporary protection order placed on the couple back in November, shortly after the incident.
Banks is not to drink alcohol or use drugs during the probationary period, Oxley said. And he’s prohibited from harassing, threatening, intimidating or using physical force on his wife.
Oxley said the community service work is an extra penalty because Banks “lied to the police” on a report that “minimized what really happened.”
The magistrate said he thinks the sentence is fair, considering Banks’ absence of a criminal record and his willingness to get treatment for his issues.
“But it’s always a concern when a law enforcement officer gets involved in something like this,” he said.
Oxley also gave Banks’ wife, Elizabeth, an opportunity to make a statement. She declined, deferring to a letter she had submitted to the court prior to Friday’s hearing.
What happened?
Mayer said domestic violence cases are serious — but there are many cases with much graver physical violence, he said.
Mayer said the Banks’ had an argument and that Brandon Banks lost his temper. The attorney then said his client decided to leave the house.
“In the process of leaving, his wife got in his path and he admits that he did shove her out of the way,” Mayer said, adding she lost her balance and landed awkwardly on some steps.
In a hearing held on Nov. 27, the deputy who responded to the incident testified the argument involved drinking.
He also said Banks’ wife reported that Brandon Banks abuses alcohol and uses marijuana.
Banks was initially charged with domestic violence, also a first-degree misdemeanor, on Nov. 27. That charge was dismissed and replaced with assault on Feb. 2.
Banks took sick leave while the case was pending.
It is unclear, as of Friday, what his status is with the sheriff’s office. Chief Deputy David Blake was not immediately available to comment.