Traverse City Record-Eagle

Archive: Friday

February 14, 2014

Man accused of domestic violence for fourth time

TRAVERSE CITY — A Traverse City man faces his fourth domestic violence conviction after authorities said he assaulted his girlfriend and told her the only way she’d leave their residence would be in an ambulance.

Grand Traverse County sheriff’s deputies arrested Allen Dale Nye, 54, on Feb. 8 on accusations he shoved his girlfriend to the ground and grabbed her by the throat. Court documents state Nye’s girlfriend told him she planned to leave their relationship and shared residence, but he blocked her exit and assaulted her.

“He shoved her in the kitchen, causing her to bump her head on the cupboard, he pushed her to the ground in the bedroom and he grabbed her by the throat,” the documents state. “At one point during the assault, the defendant told (the victim), ‘The only way you’re leaving here ... is an ambulance.’”

Nye was arraigned Wednesday in 86th District Court on a felony charge of third-offense domestic violence and misdemeanor possession of marijuana. Court records show Nye has three prior domestic violence convictions.

Third-offense domestic violence charges apply for each offense after a second conviction.

“It’s as high as it goes,” said Grand Traverse County Chief Assistant Prosecutor Noelle Moeggenberg of the charge.

Moeggenberg said a third-offense charge carries a penalty of up to 5 years in prison, but Nye’s habitual offender status could mean he’ll face a 7.5-year sentence. She said prosecutors considered authorizing a strangulation charge, but the victim didn’t report that she thought she couldn’t breathe or her circulation was cut off.

Eighty-sixth District Court Judge Thomas Phillips set a $100,000 cash or surety bond for Nye. A preliminary examination is scheduled for Feb. 26.

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