from the eagle
Student gets 100 days for assault
By CRAIG KAPITAN
Eagle Staff Writer
A Texas A&M University senior who slammed a beer glass over the head of a fellow Northgate patron was sentenced Wednesday to 100 days in jail.
Heather Marie Niznik, 22, was arrested in September 2005 after witnesses told police she attacked the Mad Hatters customer with a "large, heavy" glass after he made a disparaging remark about her chest size.
The two had begun arguing after Niznik allowed her boyfriend to enter the women's bathroom, cutting in front of others who had been waiting in line, according to court documents.
Niznik told police she swung the glass as a reflex after the man grabbed her arm. But no witnesses, including her boyfriend, saw any physical contact, police noted.
Niznik was charged with aggravated assault with a deadly weapon - a second-degree felony punishable by up to 20 years in prison. As conditions of Tuesday's plea agreement, she will also have to write a letter of apology, pay a $1,000 fine and pay $3,300 in restitution for the man's medical expenses. She will remain on deferred adjudication probation for the next six years.
The blow to the head left the man with bruised and swollen eyes and a 2-inch gash near his left eyebrow, according to court documents. Niznik's hand also was cut by the shattered glass, and she asked to be taken to the hospital. Once there, however, she refused treatment and began "screaming and cussing" at an officer who tried to interview her, documents state.
Also Tuesday, Niznik's probation was revoked for a misdemeanor driving while intoxicated charge from 2004. As a result, she was handed an additional 100-day jail sentence. The terms will be served concurrently, prosecutors said.
• Craig Kapitan's e-mail address is craig.kapitan@theeagle.com.
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