CHARLESTON — Counseling was ordered as part of the sentence for a man convicted at trial of hitting another man with a shovel.

It was one of the terms of the two-year probation sentence Greg A. Fultz received for his conviction for aggravated battery.

Fultz, 43, for whom records show a rural Charleston address, was accused of hitting the other man with the shovel during an argument on Oct. 14. A jury found him guilty of the charge during a trial in May.

Case records said the incident started because of an argument over loud music being played at Fultz's residence.

The other man, a neighbor, said he asked Fultz to lower the music volume several times and, at one point, Fultz entered his yard and hit him with the shovel, the records say.

Fultz denied entering the other man's property and said he hit him with the shovel after the other man charged at him, according to the records.

Other terms of Fultz's probation sentence included no contact with the other man and payment of various fines and fees. Jail time was stayed, so he won't have to serve unless there are violations.

With the conviction, Fultz was eligible for a prison sentence of two to five years or up to 2½ years of probation.

Coles County Circuit Judge James Glenn sentenced Fultz after hearing recommendations from Assistant State's Attorney Joy Wolf and Assistant Public Defender Stephanie Corum.

In other battery cases in court before Glenn recently:

  • Cody A. Carter, 21, whose address on record is in Trilla, admitted to violations of the probation sentence he received for a 2017 aggravated battery conviction and was resentenced to 4 1/2 years in prison.
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An obstructing justice charge that accused Carter of lying about his identity to police on July 3 of last year was dismissed.

The prison sentence from the probation violation will run at the same time as a one-year sentence he received in April for a Moultrie County domestic battery conviction.

In the earlier Coles County case, Carter was accused of pushing a woman in December 2016, when she was 60 years old or older.

Glenn accepted an agreement that Wolf and Public Defender Anthony Ortega recommended.

  • Daniel S. Ross, 34, for whom records show a Humboldt address, pleaded guilty to a domestic battery charge accusing him of hitting a woman on June 21.

The charge was a felony because of a prior conviction and Ross received a one-year prison sentence. A resisting police charge was dismissed.

Ross was on probation at the time of the incident for a domestic battery conviction, a charge to which he pleaded guilty in March.

Glenn accepted a plea agreement that Wolf and Ortega recommended.

  • Bradley A. Cloe, 38, whose address on record is in Mattoon, pleaded guilty to an aggravated battery charge accusing him of shooting a woman in the foot with a BB gun on March 17.

A misdemeanor aggravated assault charge accusing Cloe of threatening the woman was dismissed. Terms of his two-year probation sentence included counseling and substance abuse treatment.

Wolf and defense attorney Todd Reardon Jr. recommended the plea agreement

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Contact Dave Fopay at (217) 238-6858. Follow him on Twitter: @FopayDave



Dave Fopay is a reporter for the JG-TC who covers Coles County, the local court system, Charleston schools and more.

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