Lake Mills man gets 10 years for hammer attack

Published 4:08 pm Friday, January 22, 2010

Winnebago County District Court Judge Colleen Weiland on Friday sentenced 37-year-old Timothy Patrick Winter to 10 years in prison for attacking his mother with a hammer last April.

He will be required to serve no less than five years of that term, because of a mandatory state minimum for convictions involving the use of a dangerous weapon.

Winter originally faced a maximum sentence of 35 years in prison when he faced charges of attempted murder, but in December, he pleaded guilty to a lesser charge of willful injury in exchange for the attempted murder charge to be dropped.

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During his sentencing Friday, Weiland also ordered Winter make restitution in the amount of about $27,000 to the Crime Victim Compensation Program — where victims of crime can go to have their medical expenses paid — and to pay about $475 in court costs, $900 in attorney fees, plus $3,150 for the fees of a psychological evaluation.

He will be required to submit to DNA testing pursuant to Iowa code.

A Winnebago County District Court spokeswoman said Winter will first be sent to the Iowa Medical and Classification Center in Oakdale, Iowa, where it will there be determined which prison he will be sent to.

Winter was arrested April 10, 2009, about three hours away from Winnebago County after officers received a 911 call at 311 N. Grant St. in Lake Mills, Iowa, where Winter was living with his mother, Cynthia Winter.

According to Winnebago County court records, an officer responding to the 911 call at the home described Cynthia Winter as having a large bruise on the side of her face and bleeding profusely.

The officer state that when she turned around, he witnessed, “a severe wound on the back of her head with muscle and skull exposed,” according to documents.

The mother told the officer that her son had struck her several times with an unknown object, documents state.

Officers later discovered a hammer covered with blood, hair and skin.

Cynthia Winter, 63, died in her home Sept. 28, 2009, from natural causes.