The Deschutes County Courthouse in Bend. 

Charged with attacking his female Uber driver in 2020, Mark Mastalir came to his sentencing hearing in Bend having agreed to a plea deal involving community service and probation.

But judges aren’t bound by negotiated settlements, and on Thursday, Deschutes County Circuit Judge Ray Crutchley told a courtroom “it’s difficult for me to contemplate” a sentence for attacking a transportation provider that doesn’t involve incarceration.

“This has got to be one of the more egregious things that could happen to someone in the transportation services industry,” Crutchley said. “And what a scary and traumatic event this must have been for her.”

In the end, Crutchley gave Mastalir, a former running phenom and tech executive, a 10-day jail sentence, to begin in February, and increased his community service obligation to 48 hours.

A $3-million lawsuit Mastalir filed against the driver, Rhonda Bowlin, remains pending, with both maintaining they were victims on the night of March 21, 2020.

Bowlin, who is seeking a half-million dollars in a counterclaim, did not attend the hearing.

“It is my understanding that due to the serious nature of this incident and the impact on her, she is not in agreement with the resolution that was reached between the parties,”’ prosecutor Mary Anderson told the judge. “There were some legal and factual issues with the case that ultimately led the state not to proceed with certain charges.”

Reached after the sentencing, Bowlin’s Portland-based civil attorney Greg Kafoury said, “We’ll see him at his next hearing.”

“Mastalir is a bully, a drunk and now a convicted criminal,” Kafoury said. “He tried to use his wealth and power to intimidate my client by suing her for millions of dollars. She stood tall, refused to buckle, and we will meet Mr. Mastalir before a jury in our civil case.”

A 10-minute dashcam clip taken from Bowlin’s vehicle providing partial view of the incident was published by The Bulletin in November.

Bowlin, a former Bend firefighter and mother of six, picked up Mastalir around midnight, bound for Mastalir’s home in Tetherow on the west side of Bend. Three of his friends had to “place” him in the vehicle when it arrived, according to Anderson.

As a female Uber driver concerned for her safety at night, Bowlin took several precautions, including carrying a stun gun, pepper spray, a police baton and mounting a dash camera.

In the dash cam footage, Mastalir repeatedly calls Bowlin “baby,” and he tells her, “I want you. I want to have you,” to which she replies, “I’m just your Uber driver. I’m taking you home.”

When Mastalir believed Bowlin had missed his turn, he allegedly leaned forward over the center console and grabbed her arm, causing her to swerve. She pulled over and used her stun gun on Mastalir and also attempted to use her pepper spray, but struck only the seat.

Outside the car, Mastalir again grabbed Bowlin, according to prosecutors. She allegedly struck him with the baton repeatedly in the head, falling to the ground along with Mastalir during the struggle.

Bowlin got back in her car, drove off and called 911. Both police and paramedics noted in their reports Bowlin was “clearly” traumatized by the incident, Anderson said.

Mastalir was arrested and taken to St. Charles Bend, where several large lacerations on his scalp were closed with staples. In January, with his criminal case still pending, Mastalir hired a civil attorney to sue Bowlin for assault and defamation, seeking nearly $3 million for “extreme violence” and allegedly lying about the incident to police and media.

Bowlin tried to get Uber to help cover the costs of fighting the lawsuit, but the ride-hailing company refused, according to Kafoury.

A spokeswoman for Uber declined to comment on the incident but said Mastalir was deactivated as an Uber rider since shortly after the incident. Uber has added several safety features to its app, including an emergency button riders and drivers can use to call 911, according to spokeswoman Navideh Forghani.

Mastalir was sanctioned by the court in November after a woman spotted him drinking alcohol at an establishment in San Francisco, where he lives most of the year and worked, until his arrest, for “neurotechnology” firm Halo Nueroscience.

In a hearing earlier this week, Mastalir pleaded no contest to one count of fourth-degree assault, a misdemeanor. The charge relates to cuts on Bowlin’s arm she suffered as she and Mastalir fell to the ground during the incident.

Bowlin and her attorneys are upset the state dropped two charges in particular: a felony assault charge and a sex crime, for an accusation that Mastalir grabbed Bowlin’s breasts during the attack.

Anderson said that the state did not believe it could prove those charges beyond a reasonable doubt.

“As well, there were inconsistencies in statements, which is not surprising given the level of trauma involved in this situation,” Anderson said.

Mastalir’s defense attorney, Todd Grover, said a civil jury may ultimately resolve the facts of the case.

“We certainly do not agree with everything you’ve just heard,” Grover told the judge. “It is true though that on the evening in question, Mr. Mastalir had had some wine at a dinner party and it hit him very hard. It’s also true that Ms. Bowlin, using a metal baton, dented Mr. Mastalir’s head.”

Mastalir has worked with job recruiters over the past 20 months, but he’s been told he’s “toxic and unemployable” as long as he’s facing a sex-abuse charge.

He’s been selling cars at a local dealership on commission but is “basically broke,” Grover said.

“I’m grateful to resolve this matter today. It’s been a difficult two years for myself and my family and I’m sure for Ms. Bowlin and her family, as well,” Mastalir said in a short statement to the court. “I deeply regret my role in these events. So, for my role in these events, I would like to take the opportunity to apologize. I’m very sorry for the embarrassment, anxiety and hurt I’ve caused.”

Mastalir and his identical twin brother, Eric, were nationally top-ranked high school athletes and later All-Americans at Stanford University. He went on to work in marketing for athletic apparel companies Reebok, Nike and Hoka One One.