Assault charge dismissed against man to get life for murder in Redwood Co.
WILLMAR -- A third-degree assault charge against Donald Warran Hayes, 41, was dismissed Friday.
According to the dismissal notice filed by the Kandiyohi County Attorney's Office, the charge was dismissed because Hayes has been convicted of murder in a separate case and will be sentenced to life without parole. That sentence, for the September 2008 death of Robert Azure Jr., 13 months, of Redwood Falls, means a conviction in the assault case has no effect on Hayes' status.
Hayes is scheduled to be sentenced June 20 in the Redwood County case. He was convicted April 27 of both first- and second-degree murder.
According to information from the state Department of Corrections website, Hayes is being held at the Minnesota Correctional Facility in St. Cloud.
The local charge was filed after a sheriff's deputy was called to the jail Feb. 15 regarding an assault between jail inmates on Feb. 14. Surveillance video showed Hayes and the other inmate playing cards at a table, then getting up and going out of camera view before the other man went to the floor and Hayes kicked him in the head, causing a broken nose.
The other inmate said Hayes got upset for no reason. A jailer also witnessed the incident.