A Niagara, Wis. man, will spend at least 29 months out of 85 months in prison for reportedly expectorating saliva into a McDonald's snack wrap a uniformed police officer had ordered last The Iron Mountain Daily News reported Monday.
Dalton Ursulean, 24, was sentenced in Dickinson County Circuit Court on one felony count of placing harmful objects in food The Daily News reported.
Ursulean also received credit for time served since he has been in the Dickinson County Jail for 347 days.
People usually receive 10 years in prison for the charge, however since Ursulean is a habitual offender because of nine previous incidents including three felonies, and six misdemeanors, the punishment was increased to 20 years according to The Daily News.
Judge Mary Barglind believed Ursulean would not be helped by jail or probation, and therefore gave him the lesser time.
The Michigan Department of Correction' investigation also said Ursulean should receive the least possible sentence per their guidelines. There was also no legal information that counteracted the findings so Barglind disallowed Ursulean to remain in county jail.
Prosecuting attorney's notified the court at the hearing that Ursulean had hepatitis C after results came back positive. The officer who works at the Oscar G. Johnson VA Medical Center had negative results, but according to Dickinson County Chief assistant prosecutor, experienced shaking, worried he would come into contact with a virus.
"He was very alarmed when he found out about it," Geoffrey Sparks, Ursulean's attorney said during the sentencing hearing, The Daily News reported. "He's made poor choices in his past, but he's also grown up. He now knows what it takes to succeed. He had no idea until the blood tests came back.
Ursulean has a general equivalency diploma, and wants to better his life The Daily News reported.
"I'm sorry for all this that's transpired here," Ursulean said in a statement when given an opportunity to speak The Daily News reported. "I want to get out there and actually do right."
