Christopher John MacGillivray, 50, Minot, was sentenced on Thursday to 48 months in prison, with 28 months suspended, and three years of supervised probation for punching a 34-year-old developmentally disabled man in the throat on March 21, 2020, in downtown Minot, hitting the victim’s cell phone out of his hands and stealing the phone.

MacGillivray was found guilty of Class B felony robbery by a jury in November 2020.

MacGillivray will receive credit for the 307 days he has already served in the Ward County Jail.

Judge Doug Mattson also ordered MacGillivray to pay $60 in restitution for the iPhone case that he broke and $3,025 in court costs.

MacGillivray told the judge that he has health issues that affect his lungs, which Mattson said he took into account when he decided on the sentence. MacGillivray also has a good work record but he does have a previous criminal record.

The victim was not seriously hurt and the phone was recovered. However, Ward County Assistant State’s Attorney John Gonzalez told the judge that the attack was unprovoked and unjustified and the victim is particularly vulnerable to crime because of his disability. Mattson also said he believed MacGillivray acted out of selfishness when he robbed the victim.