Mila Gergen was charged with felony aggravated assault in September 2005 for attacking Ben Corbett early one Saturday morning. He was 17 at the time of his arrest.
Gergen's co-defendant, Ryan Knight, was convicted of assault with a weapon for kicking Corbett's friend, Tyler Drake, in the face and shattering the man's nose. Knight received a similar Department of Corrections sentence, but is serving the unsuspended portion of his term at the Montana State Prison.
In August 2006, the state corrections department rejected Knight from the boot camp program, as well as from three separate prerelease centers, leaving prison as his only option.
Corbett, 27, served as a cavalry scout in Iraq and Kosovo and routinely saw heavy combat. After the attack, he spent several months recovering from injuries, which included brain damage and a fractured skull.
Witnesses said Knight and Gergen continued to beat the men even after they were on the ground and Corbett had lost consciousness.
According to a court memorandum from Missoula's Office of Probation and Parole, Corbett is strongly opposed to Gergen being placed into a community-based program.
In his victim impact statement, Corbett wrote: “It has now been over two years since the assault. It is time for Mila Gergen to be punished for his actions. I want to see him go to prison for a minimum of five years and be held responsible for what he put me and my family through.”
Hours before the attack, Corbett learned he had passed an admissions exam at the Missoula Police Department - the first step in a long process toward donning a uniform, but cause enough for celebration.
But before the bars closed, he was in the intensive care unit at St. Patrick Hospital, where he remained for a week recovering from a brain injury, two skull fractures and internal bleeding.
The brain injury continues to affect Corbett's life, and it took months of cognitive therapy before his short-term memory returned. He still has chronic headaches and suffers from a condition called tinnitus, which causes his right ear to ring constantly.
“Just the fact that I will never have peace and quiet again is frustrating,” he wrote.
Gergen was also ordered to pay around $40,000 in restitution to cover Corbett's medical bills. A portion of the money will be returned to a victims' compensation fund that helped pay for his expenses.
“This is not an excusable action no matter how much time has passed or what has happened since the day of the assault,” Corbett wrote. “I feel very lucky to be alive today. This process has gone on for too long and I feel justice is due so the case can be closed.”
If Gergen violates any conditions of his probation during the 15-year suspended sentence, prosecutors can ask a judge to revoke the suspension and send the man to prison.
Gergen was sentenced by Judge John Larson.
Reporter Tristan Scott can be reached at 523-5264 or at tscott@missoulian.com.
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