A Monaca man who served a 10-year prison sentence for severely beating his girlfriend in 2006 in Butler County is seeking dismissal of his sentence, which was modified in 2011 through an appeal.

Garry D. Swartzwelder, 55, initially was sentenced in May 2007 to serve seven to 14 years in prison followed by 10 months of probation after a jury found him guilty of a felony count of aggravated assault and a misdemeanor count of resisting arrest filed by Butler police. He was released from prison in 2017 and placed on parole.

Police said in July 2006 Swartzwelder punched and kicked Laura Minda, who was 43, leaving her with a brain injury, broken nose and eye socket, and the loss of at least one tooth. She was flown to a hospital in Pittsburgh for treatment of her injuries following the assault.

He filed a Post Conviction Relief Act petition in 2010.

Common Pleas Judge William Shaffer, who presided over the trial, granted the petition in October 2011 and reduced the term of the probation from 10 years to seven years, but left the prison sentence intact.

Swartzwelder appealed that sentence to Superior Court, which affirmed the sentence in 2013.

On Monday Swartzwelder argued before Common Pleas Judge Joseph Kubit that Shaffer did not have jurisdiction to modify the sentence in 2011 and that sentence should be rendered “null and void.”

He said he didn’t know the sentence had been modified until he received written notice while he was in prison.

Swartzwelder represented himself with court-appointed attorney Armand Cingolani assisting as standby counsel.

Cingolani said Swartzwelder was convicted of driving under the influence in Beaver County, and believes that any sentence he receives in Butler County for violating parole would be illegal because the sentence in which he received parole was illegal.

Court records show Swartzwelder pleaded no contest to his second DUI violation and was sentenced to six months of probation on Dec. 4, 2024, in Beaver County Common Pleas Court. On Dec. 9, he was found guilty in a nonjury trial of his third DUI and was sentenced Jan. 22 to two years of probation.

Deputy attorney general Gregory Simatic argued Swartzwelder’s sentenced was modified in 2011 and his appeal period has expired.

He said Shaffer adjusted the sentence, which was affirmed through the appeal process.

Swartzwelder’s motion is untimely and lacks merit, Simatic said.

Kubit didn’t issue a ruling. He gave Swartzwelder 30 days to file a brief in support of his argument, and gave Simatic 30 days to respond.