U.S.

Assault suspect given choice: Jail or be pepper-sprayed by victim

/ CBS/AP

PAINESVILLE, Ohio -- An assault suspect who pepper-sprayed someone in the face has received similar treatment in court as punishment from a Cleveland-area judge embracing the principle of "an eye for an eye."

Painesville Municipal Court Judge Michael Cicconetti said 20-year-old Diamond Gaston could serve 30 days in jail or be pepper-sprayed by her victim, and she chose that Thursday. Cicconetti says he couldn't really allow pepper spray, so harmless saline spray was substituted without Gaston knowing.

Gaston says she learned her lesson.

Cicconetti says such unusual sentences are meant to prevent people from ending up back in court.

Also Thursday, CBS affiliate WOIO reported that a woman who failed to pay a cab driver was given a choice by Cicconetti between jail time or paying restitution and walking 30 miles, the distance of her ride. Victoria Bascom chose to walk.

She was also sentenced to four months probation and ordered to pay United Cab $100 in restitution.

© 2015 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.

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