NORTH HAVERHILL — A Lempster, N.H., woman plans to plead no contest to allegations she put a Dartmouth-Hitchcock Medical Center nurse in a chokehold while trying to leave the Lebanon hospital in November, according to court documents.
Last week, Isabelle Montgomery, 45, filed two documents signaling her intent to plead no contest to one felony count of second-degree simple assault.
In the documents, her attorney Michael Shklar wrote that the plea has been fully negotiated but did not include information on what sentence they’re seeking.
In a phone interview Friday, Montgomery said the plea would carry three years of probation.
Montgomery said she took the plea deal to avoid jail time, adding, “I was afraid of what would happen if I lost (a trial).”
Her decision follows an incident in November, when she was being held under doctor’s orders in a room in Dartmouth-Hitchcock Medical Center, according to an affidavit by Lebanon Police Lt. Richard Smolenski.
Staff said she tried to leave and “became agitated” when nurses and a security guard told her to return to her room, the affidavit said. Montgomery pushed David Luther, a security guard supervisor, against a wall and put Jennifer Martin, an emergency room nurse at the facility, in a chokehold until she became unconscious, the affidavit said.
Montgomery was released on personal recognizance shortly after the incident. She was indicted on one count of second-degree assault in January.
But the Lempster woman said she reacted out of stress, adding that she had arrived at the hospital that morning to discuss adjusting her medicine and a doctor suggested she go to the emergency room.
DHMC’s emergency department has a psychiatric hall with at least four beds.
“No one talked about a psychiatric hold,” Montgomery said of arriving at the psychiatric hall and being told to stay in the room. “I was caught off guard. … My reaction was, ‘I need to get out of here.’ ”
Montgomery said she doesn’t remember the assault and only learned about it from DHMC staff the next day.
Messages seeking comment from the hospital were not returned Friday.
Montgomery, who was treated at the Brattleboro (Vt.) Retreat following the incident, said she thinks more attention should be given to how mental health patients are treated at facilities. She said there is no incentive to seek mental health help if there’s a risk of being prosecuted.
Plea and sentencing hearings have not been scheduled in the case.
The felony charge could carry a maximum penalty of seven years and a fine of up to $4,000, according to court documents.
Anna Merriman can be reached at amerriman@vnews.com.
