Assault of pregnant woman ends with probation, treatment

July 6, 2017

A Rochester man charged with multiple felonies after assaulting a pregnant woman has been sentenced to probation in the case.

Dana Charles Gostomczik, 38, was originally charged with one count of first-degree aggravated tampering with a witness, one count of domestic assault by strangulation and two counts of fifth-degree drug possession, all felonies, as well as one count of misdemeanor fifth-degree assault.

He pleaded guilty in April to the domestic assault charge and one of the drug charges; in exchange for the plea, the remaining counts were dismissed at Thursday’s sentencing.

Gostomczik was sentenced on the strangulation charge to three days in jail, with credit for three days already served, and placed on probation for three years. Olmsted County District Court Judge Pamela King also ordered him to complete outpatient treatment and domestic abuse counseling/treatment.

Gostomczik was given a stay of imposition on that count; if he completes all of his conditions during the probationary period, the offense may be reduced on his record from a felony to a misdemeanor.

The drug possession charge was continued, which means if he has no violations during the probation period, the charge will be dismissed.

The investigation began Nov. 18, when Rochester police were sent to a home for a report of a domestic assault; they were greeted by a “visibly pregnant” woman, the complaint says.

The victim said Gostomczik has struggled with methamphetamine addiction for years, had recently relapsed, court documents say, and missed work that day. The two argued, and Gostomczik allegedly punched her four or five times on the top of her leg as she sat beside him. When the victim stood up to leave, he slapped her several times across the face, the reports say.

The argument continued with Gostomczik throwing items around the kitchen.

The woman was about to leave the house when Gostomczik reportedly grabbed her by the hair and pushed her down onto a sofa. He got on top of the victim and began choking her, the criminal complaint says, telling her several times that he’d kill her if she called police.

Gostomczik then left the house, taking the woman’s car and house keys.

The officer noted “distinct redness blanketing the sides of (the victim’s) face, and the front and sides of her neck,” as well as “a large, visibly swollen welt protruding out from the top of her forearm and already starting to bruise.” The woman’s right thigh and lower back were also red.

Gostomczik was arrested the next day at his home, but declined to answer any questions. According to the complaint, deputies who searched him found three small plastic bags containing powder in his pants pocket. One allegedly tested positive for cocaine, another for meth; the third substance couldn’t be identified through field testing.