Professional mixed martial arts fighter Arnold Douglas Berdon will not go to jail or prison for assaulting his then-wife, fellow professional MMA fighter Rachael Ostovich.
A state judge sentenced Berdon, 28, to four years of probation Thursday for second-degree assault. Berdon pleaded no contest to the felony charge in March. He was facing a maximum five-year prison term.
Deputy Prosecutor Robert Rawson recommended the maximum prison term or, in the alternative, probation with a one-year jail term.
In addition to probation, acting Circuit Judge Trish Morikawa ordered Berdon to pay $105 into a state fund for crime victims and $250 in court fees. Morikawa did not order Berdon to pay any restitution. Ostovich did not request any.
Ostovich, 28, told Morikawa, “I am moving forward in my life. And although we are no longer together, we have a daughter together. I know how crucial it is to have her father present in her life.”
She told Berdon she hopes he gets the help he needs to become a better father.
Berdon apologized for his actions and thanked Ostovich and his daughter for their understanding.
“I’m trying to be a better person, not just for myself but for my daughter. That’s my main goal, recognize what went wrong and fix the problem,” Berdon said.
His lawyer Myles Breiner said Berdon already has enrolled in a domestic violence intervention program.
Ostovich filed for a restraining order one day after the Nov. 18 assault. A state judge granted the request and granted Ostovich’s and Berdon’s joint agreement for a 20-year stay-away order with supervised visits for Berdon and his 6-year-old daughter.
One month after the assault, Ostovich filed for divorce. Breiner told Morikawa that a family court judge granted the divorce decree Wednesday.
Ostovich suffered a broken eye socket in the assault, forcing the organizers of a January Ultimate Fighting Championship event in New York to cancel her fight. Ostovich healed enough from her injury to take part in the event as scheduled.
The state says Berdon assaulted Ostovich after the couple returned home from a night out and got into an argument. The assault lasted for at least the 9-1/2-minute portion of the incident a neighbor recorded.
Rawson said Berdon hit Ostovich in the chest, her breast, ribs as well as her face. He said Ostovich can be heard in the recording begging Berdon to stop. He said the assault ended after Ostovich escaped by jumping off the home’s lanai and running to her sister-in-law’s house.
