A 43-year-old Oak Harbor resident who hit a man in the face with a two-by-four board pleaded guilty to third-degree assault with a deadly weapon in Island County Superior Court Oct. 26.

Jerry Gumz was originally charged on Aug. 7 with second-degree assault with a deadly weapon, but pleaded guilty to the lesser charge as part of a plea bargain.

Deputy Prosecuting Attorney Mike Henegen explained that the circumstances of the assault were “mitigating” to the charge. Specifically, he said, the victim drove up in a car with Gumz’s wife, the assault occurred during an argument, and the victim was not badly hurt.

The prosecution and defense offered a joint recommended sentence of four months in jail.

Superior Court Judge Vickie Churchill grudgingly agreed to the recommended sentences, but first scolded Gumz.

“Just because the victim drove up in the car with your wife doesn’t mean you have the right to do that,” she said.

According to court records, Gumz’s wife and the victim drove up to a female friend’s home to pick her up. Gumz, who lives nearby, saw the car and ran out of his house, waving divorce papers at his wife. His wife ran back into the car.

After an argument, Gumz walked away. He then returned with a board and swung it at the passenger window, breaking the window and striking the man in the face.

The victim was later transported to the hospital with a bruised eye that was swollen shut and a possible concussion.

At the sentencing hearing, Gumz told the court that he was sorry.

“I know he didn’t deserve to be hit and I apologize for it,” he said.