Marion man sentenced to probation in stabbing of former girlfriend

CEDAR RAPIDS - Teresa Plein said her life changed forever on Dec. 22, 2015 after former boyfriend David Merrifield stabbed her in the neck.

Plein said in a victim's impact statement given in court on Tuesday she and Merrifield were arguing and she doesn't remember what happened after he stabbed an air mattress seven times. She passed out and when she awoke, a towel was pressed to her neck and first responders prevented her from taking it off because she had a stab wound.

At the hospital, she said the nurse asked if she wanted to see her injury. Plein knew it was bad because the nurse had tears in her eyes, but she couldn't look until later.

'I had 14 stitches … blood was caked in my hair,” Plein said as she started to cry. 'I didn't look like myself. I fell to the bathroom floor and cried … I was dealing with this all alone.”

Plein asked the judge to give Merrifield prison time, saying he didn't deserve probation.

'I feel he is the one with the power and control … coming out on top (if probation is granted),” Plein said.

Sixth Judicial District Judge Andrew Chappell sentenced Merrifield, 51, of Marion, for his conviction of assault without intent resulting in serious injury to up to five years in prison but suspended it and gave him three years probation.

Chappell told Merrifield to turn around and look at the deputy standing in the corner because this was a 'close call” and he could have been taken in custody and sent to prison.

Chappell admitted Plein's statement was compelling, but he found it difficult to go against the probation recommendation made by the prosecutor and the presentencing report.

A Linn County jury acquitted Merrifield of attempted murder in the assault last December but couldn't reach a unanimous verdict on two other charges - willful injury resulting in serious injury and assault while displaying a dangerous weapon, domestic abuse.

Merrifield was set to be retried last month on those charges but First Assistant Linn County Attorney Nick Maybanks said he offered the plea to the lesser assault charge to avoid an uncertain jury verdict. The weapons charge was dismissed as part of the plea agreement.

During the hearing, Merrifield, tearing up, said he knows apologies are not good enough and he knows she didn't want to hear him say it but he is sorry.

'I wished I could take back that night but I can't,” Merrifield said.

Evidence during trial in December showed Plein was stabbed in the neck with a folding knife that had a 3-inch serrated blade. An emergency room doctor testified her neck wound was 5-inches in length and 1-1/2 inches deep. The stab wound was on the left side of her neck, near the carotid artery.

Merrifield testified he and Plein had been drinking that night and were arguing about deflating an air mattress that her son slept on. He admitted to stabbing the air mattress seven times but said Plein jumped on his back during the argument and he accidentally stabbed her.

Plein said in her statement that Merrifield would became volatile when they argued and he would punch the wall but also hit her and even strangled her in the past. She hid the violence from her family.

Plein told the judge she now has a permanent scar, nerve damage to the left side of her neck, ongoing nerve pain in her jaw and has been diagnosed with post-traumatic stress disorder and anxiety disorder.

Chappell also ordered a five year no contact order against Merrifield to protect the victim. Merrifield also will have to pay $812 to the Iowa Crime Victim Assistance Program and $190 to Plein. A hearing will be set later for further victim's restitution.

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