A Butler County Common Pleas Court judge rejected plea agreements in which two men would have been sentenced to probation for allegedly assaulting another man in 2021 in Butler.

On Thursday, Jan. 9, Judge Joseph Kubit rejected the plea agreements reached between the District Attorney’s office and attorneys representing Donald E. Vargo, 50, of Butler, and Ryan A. Vargo, 23, of Chicora.

Butler police charged Donald Vargo with felony counts of aggravated assault and conspiracy, misdemeanor counts of simple assault and disorderly conduct, and summary harassment following the Nov. 30, 2021, incident. Similar charges were filed against Ryan Vargo stemming from the same incident.

Police said a man reported that Donald Vargo and Ryan Vargo beat him up in an apartment building parking lot on North Main Street.

The man told police he was visiting a friend in the building when the defendants drove into the lot and began a verbal altercation with him, according to an affidavit.

He said Donald Vargo then began punching him in the face and head, and both defendants kicked him in the head and face when he fell to the ground, according to the affidavit.

Police said the man’s injuries matched his report, and he was diagnosed with a concussion and a lacerated cornea.

At Thursday’s sentencing, Donald Vargo’s attorney, Christopher Capozzi, said his client operates a business, has children, attends alcohol recovery meetings at least three days a week and is now sober.

Friends he met in recovery and employees attended the sentencing to show support.

Donald Vargo said he regrets the incident and is sorry for his behavior on that day. He said he was in the early stages of sobriety at the time.

His plea agreement called for him plead guilty to the misdemeanor count of disorderly conduct, and serve a sentence of six months of house arrest, pay a $300 fine and complete 50 hours of community service.

“You have a very spotty record,” Kubit said. “I can’t in good conscious accept the plea agreement.”

Court records show Donald Vargo has been charged and pleaded guilty to various charges, including access device fraud, drug possession, forgery, disorderly conduct, theft and trespassing on at least 10 occasions between 2001 and 2016 in Butler County.

Ryan Vargo’s agreement called for him to plead guilty to a misdemeanor count of conspiracy to commit disorderly conduct, and serve a sentence of 12 months of probation including two months of house arrest, pay a $300 fine and complete 50 hours of community service.

Kubit rejected the deal, saying the allegations of what he did to the victim were serious. Kubit said he would schedule status conferences for both cases.