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Chapter 58

Sitting in the courtroom Tim couldn't help fidgeting in his chair. He had no idea what the judge was going to do after all the questioning the day before. Chance sat behind him, reaching forward squeezing his shoulder for support. Tim tapped his hand as he took a deep breath.

Wayne Marion was escorted in by the guard from the jail. His stay overnight had not lessened his angry mood, if anything it intensified it.

"If you think for one damn moment you're getting paid for this fiasco you are sadly mistaken" he growled at Stein. Then looking around noticed no jury, only his wife behind him and Tim on the other side. "What the hell is going on here " he demanded.

"Sit your ass down and shut up" Ben told him. He didn't care anymore, he'd read the medical reports and felt ashamed to have been a part of representing him and his daughter.

The bailiff advised all to rise as Judge Kirk entered. Opening the folder he began, "I have spoken with both attorneys in this matter and have found the request for these proceedings to be absurd, the jury has been excused based on these findings. Mr. Marion please stand"

Tim leaned into James, "what's going on, what is he doing".

"I have no idea but Marion is not pleased at all" he told him.

Chance watched from behind "This ain't gonna be good" he thought to himself as Marion and his Attorney stood.

"Mr. Marion in your request to prove innocence in this matter against Mr. Foust you only proved how callous you really are. Your actions on that day were unwarranted, unprovoked by Mr. Foust and resulted in severe physical and mental injuries to him, possible permanent injuries. Based on the information provided, your actions in this courtroom and on that day, you have committed Substantial Battery, which in the state of Wisconsin is a Class I Felony punishable by up to three years and six months in prison along with a $10,000 fine" he advised.

Tim didn't like what he was hearing. Prison time, he didn't expect that, he thought perhaps the fine, he'd already served some jail time, maybe probation but not prison time.

"In addition to the sentencing I am about to declare you will also provide payment for all medical bill's incurred upon Mr. Foust due to your actions" Kirk continued.

Tim couldn't let this happen. He held no ill feelings toward his father in law, he was a victim of Jenika's lies and deceit for much longer than he was. He knew Gail would not be able to cope with Wayne in prison either, he had to do something. "James stop him, don't let this happen" Tim begged.

"Are you crazy? After all you've been through, still going through. I'm sorry Tim but I have to advise against that. He needs to pay for what he's done, its clearly up to the judge" James stated.

Tim immediately stood, "Your honor, if I may say something "

"Mr. Foust proceed" Kirk replied.

"Your honor, as I stated yesterday, I have no ill feelings towards Mr. Marion. He is a man I have respected since coming into this family. Though his actions were severe he did only what any other father would do, attempt to protect his child. Honestly I may have reacted the same had the roles been reversed. He too has been blindsided by the actions of his daughter, something I can not blame him for. Your honor, I ask that you reconsider the sentence you're about to declare. I've forgiven him, I wish no further punishment for him. Thank you" Tim stated.

"You can be seated, Mr. Foust" Kirk advised. "Mr. Marion in light of Mr. Foust's victim impact statement I will take into consideration what he has requested. Mr. Foust are you 100 percent positive this is your wish and that you have not been coerced by anyone to make this request".

"Yes your honor" Tim replied.

"Mr. Marion, you owe this man a huge debt of gratitude. I sentence you to five years probation, you must pay all incurred medical expenses and I will issue a restraining order on behalf of Mr. Foust against you for a minimum of two years at which time this court will reconvene to determine possible removal of the order if you have not attempted to violate this order in any way shape or form. Do you understand these conditions " Kirk asked.

Looking at Tim in disbelief wondering if it was just a ploy, another act of sympathy he was wary to accept. "Don't be a fool, accept it otherwise you're going to waste at least three years of your life in state prison. Do you really want that?" Ben asked him as he turned to look at Gail. He couldn't leave her behind like that, she would never make it alone. Though he still felt Jenika was telling him the truth he merely shook his head in agreement.

"Mr. Marion, do you understand what the final conditions are" Kirk asked again.

"Yes...yes your honor" he answered.

Repeating the conditions including the acceptance by Mr. Marion the Judge slammed the gavel to signify the acceptance and conclusion of the proceedings.

Walking out of the courthouse Gail approached Tim as Satch was leading him down the steps.

"Tim, could I speak to you for a moment" she asked touching his arm.

"Sure" he quietly replied to the familiar voice.

"I..um... want to thank you for what you said. I don't know of anyone else who would have been as forgiving as you. I don't know what has really happened between you and Jenika or how we ever got to this point, but you seem to understand how we feel. I guess that's all I wanted to say"

"I'm sorry it's gotten to this point too, Gail. But honestly I spoke the truth of how I feel about you two. I hope all turns out for the best" Tim simply replied as Chance walked up along side.

"You tried, didn't you. You tried to make things better but she wouldn't listen to you either" she stated to Chance.

"Ms. Marion, you should try talking to her. The answers everyone is looking for, they lie within Jenika" he stated before the three walked away.



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