BAY CITY, MI — A Bay City man accused of pouring gasoline on his wife and threatening to set her on fire has withdrawn a guilty plea after a judge indicated he would give him a harsher sentence than he expected.

Allen D. Hartley, 44, appeared before Bay County Circuit Judge Joseph K. Sheeran on Tuesday, Feb. 17, for sentencing, having pleaded guilty to assault with intent to do great bodily harm in January.

The charge is a 10-year felony, with Hartley’s advisory sentencing guidelines calculated at 29 to 57 months. However, Bay County Chief Assistant Prosecutor Christopher Johnson successfully argued the particulars of Hartley’s crime warranted the guidelines being increased to 34 to 67 months.

Johnson recapped Hartley’s actions on Oct. 22, during which he allegedly poured gasoline on his wife, then held a lighter to her face and threatened to burn down their house following an argument. Hartley grabbed his wife’s cellphone and keys to prevent her from calling for help or leaving, Johnson said.

The couple’s 6-year-old autistic son was home at the time, increasing the woman’s terror and anxiety, Johnson said.

When the woman tried getting away from Hartley, he grabbed her in a bear hug and threw her against a wall, Johnson said. The woman then ran from Hartley into a bathroom, only to be pursued by Hartley who proceeded to choke her, Johnson said.

“Burning up after being covered in gasoline is a very egregious way for a person to die,” Johnson said. “I think that was the intent of Mr. Hartley. Certainly, that’s what he expressed when he held a lighter to her face.”

Defense attorney Aaron M. Hetherington disputed that characterization. The victim in the case managed to leave the house on her own accord and waited a few days before calling police, Hetherington said.

He added the incident was precipitated by Hartley arguing with his wife over her doing something he did not want her to do in front of their son.

“He was never going to light anything on fire, your Honor,” Hetherington said.

He asked the judge to sentence his client to local jail time.

“He’s assured me nothing like this will happen in the future,” he said. “They found themselves arguing over a tough situation of things he didn’t want to occur in front of his son.”

Sheeran asked Hartley if he would like to say anything.

“Yes and no,” the defendant said, then paused. “That’s not how everything went. She was slipping out from me and getting high on meth. I’m the one who called to get my son out of there.”

Hartley’s victim was not present in the courtroom.

When Hartley pleaded guilty in January, the prosecution recommended he serve a 12-month sentence of incarceration. Sheeran, though, said he could not go along with that in light of “the extreme conduct” of Hartley.

“This victim was treated with excessive brutality,” Sheeran said. “I think (the sentencing recommendation) is substantially inefficient and inappropriate for the severity of the offense.”

Sheeran allowed Hartley to withdraw his plea and said he would schedule his case for trial.

Hartley, who is free on bond, is also charged with arson-preparing to burn real property, assault with a dangerous weapon, and domestic violence, counts the prosecution previously agreed to dismiss when he pleaded.