Man pleads guilty to assault, escaping custody

Published 8:52 am Monday, August 13, 2018


Joseph Henry Mallan, 34, of Austin pleaded guilty to felony escape from custody and two counts of felony domestic assault as part of a plea agreement on Friday in Mower County District Court.

Charges of felony kidnapping-to commit bodily harm/terrorize, felony false imprisonment-intentional restraint and felony fleeing a peace officer in a motor vehicle were dismissed.

Court documents state Mallan’s ex-girlfriend told police on April 10 that Mallan had assaulted her about two days prior, grabbing her by the back of the head and throwing her onto the bed. She said he then held her wrists down and pressed his head into hers, telling her that if she did not stop screaming he was going to do something worse. She told police she waited to report the assault because she was afraid of him and indicated that he previously told her he knew how to hurt her without leaving a mark.

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Police were dispatched at approximately 2 a.m. on April 13 to Mallan’s residence to do a probation check after the Department of Corrections received a tamper alert from Mallan’s electronic monitoring device, court documents state. A search of the residence showed no sign of Mallan or the monitoring device. Family members suggested he might be with the victim, but when police went to her residence, she was not home. Her car was also missing.

A friend of the victim told police she had gone to Mallan’s residence to get some of her things, according to court documents. The friend said she followed the victim there because she knew Mallan had been violent in the past. She made several attempts to call and text the victim after she went inside, but got no response. Police then issued a “be on the look out” for the victim and the Department of Corrections issued a warrant for Mallan’s arrest.

Court documents state an officer found the victim in the passenger seat of her car after a high-speed chase. Mallan was driving the vehicle and bailed out. The victim said that Mallan took her keys when she arrived at his residence and told her to get into her vehicle. When they left the residence, Mallan used a knife to cut off the monitoring device. She said they went on a drive through the country and he yelled at her about their relationship and that she should have just fixed it. She said she asked him to let her out and that she would just walk home. When asked why she didn’t answer her phone, she said Mallan had taken it from her and thrown it out the window.

A review of Mallan’s criminal history shows prior convictions for theft, receiving stolen property, criminal damage to property, issuing dishonored checks, possession of burglary or theft tools, fleeing a peace officer, giving a false report to a peace officer, terroristic threats and criminal sexual conduct with a victim aged 13-15.

Mallan will be sentenced Jan. 4.