A Laramie man accused of strangulation of a household member was sentenced to prison in Albany County District Court Tuesday.

Buddy E. Curby, 46, was sentenced to three to five years of incarceration. Curby’s attorney David Korman argued for a one year split sentence in court, pointing out that this was his first felony and that he had a job secured if he were to be released on probation as well as a place to stay with one of his relatives.

Prosecuting attorney Peggy Trent said the state did not believe that Curby was a good candidate for probation, given the violent nature of the crime. Trent said that Curby had a prior battery charge that he had not been convicted of, saying that kind of behavior needed to be considered when deciding if someone was at a risk of re-offending. Trent said the state felt Curby should receive the maximum penalty –five years- on these charges, minus the 283 days jail credit that Curby had already spent incarcerated.

Curby was given the chance to address the court. He started with a story from when he was a student at Linford Elementary School, saying that he had been afraid of jail since his fourth grade class had taken a tour of a jail.

“I know I can do this probation. I’ll do anything in the world,” Curby said.

Albany County District Court Judge Tori Kricken said she did not think, given the violent nature of the crime, that a split sentence was a sufficient sentence in this case. With the 283 days of jail credit, she said, Curby would only serve 82 days in jail before being released out on supervised probation.

According to court documents, Laramie Police arrested Curby after receiving a call about a disturbance on West Baker Street in Laramie. The officer responded to the scene and interviewed the victim, Curby’s girlfriend, who was bleeding from her nose and mouth.

The victim told the officer that she and Curby had gotten into a fight over Curby’s supposed infidelity, during which Curby held the victim down and pressed a forearm to her throat. The victim said Curby dragged her into the kitchen by her hair, where he head-butted her face and caused her teeth to fall out and cut the inside of her mouth. The victim said Curby then dragged her into the bathroom and threw her in the bathtub and choked her until she lost consciousness.

Curby was found guilty of the charges during his jury trial in August.

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