MADISON – A Norfolk man who was convicted of five felonies and one misdemeanor earlier this year will spend at least 3 years in jail.
Devin Delgado, 26, was sentenced Thursday to 6 years in prison by Judge James Kube following convictions resulting from what a prosecutor has called a “spree of crime” over the past year and more. Multiple incidents involved domestic altercations, while others involved drug deliveries.
In September, Delgado pleaded guilty to two counts of attempted delivery of marijuana, assault by strangulation, first-degree forcible confinement, first-degree trespass and attempted first-degree forcible confinement.
The charges of attempted drug delivery had been pleaded to drop shipments, while a third drug charge was dismissed. In addition, another charge of trespassing and one charge of domestic violence were dismissed.
Charges were initially filed against Delgado after his arrest on suspicion of three controlled sales of marijuana a week apart in December 2020. In each incident, a confidential informant paid Delgado $ 200 for undisclosed amounts of marijuana.
After his arrest in April, Delgado admitted to selling marijuana to a confidential informant on three occasions, according to a probable cause affidavit. He also told authorities that he was helping a friend by selling him marijuana.
Delgado posted 10% of a $ 25,000 bond and remained on bond until July 13, when he was arrested following a violent incident with a Norfolk woman.
Officers were dispatched to an apartment building in Norfolk late July 13 after neighbors reported hearing screams from a nearby tenant.
A woman had opened the apartment door and first told the officers that everything was “fine”. Eventually, officers managed to convince the woman to come out into a hallway and explain to them what had happened.
The woman told officers Delgado pushed her off a bed and up against a wall. She said she banged her head against the wall and screamed, which she said likely prompted neighbors to call the police.
Delgado, who was inside the apartment when the police arrived, was later arrested after speaking to the police.
While Delgado was booked at the police station, an officer continued to speak with the victim. She explained that she tried to leave the residence approximately 30 minutes before the officers arrived, but Delgado did not let her go.
The victim then showed law enforcement bruises on her arms that were inflicted on her when Delgado grabbed her. She also told the police that she tried to use several cell phones to call for help, but Delgado took them and smashed them.
The woman also revealed that Delgado got on top of her and squeezed her neck, cutting off her air for about 1 second.
Delgado later explained to police that he and the victim had had sex and that it was common to put his hands around his neck during sex. The victim told police that she and Delgado had sex, but the strangulation took place at least 10 minutes after.
Overall, officers observed redness on the woman’s neck, a scratch near one of her eyes, and bruising on her arms.
Delgado was later released on personal bail, but it didn’t take long for him to have another run-in with the law.
On September 30, the same woman called police to report that Delgado had broken into her apartment, assaulted her and detained her against her will. Similar to the incident in July, Delgado also picked up her phone so she couldn’t call for help. The woman was eventually able to escape the apartment and call the police.
Matthew Kiernan, deputy district attorney for Madison County, argued Thursday that Delgado should receive a “significant” prison sentence, given that not all of his convictions stem from simply one incident.
“We are here today to sentence the accused to five felonies and one misdemeanor. These range from delivery charges to violence to trespassing, ”Kiernan said. “These offenses occurred over a period of about a year, so this is more of a wave of crimes than a singular event.”
Between the amount of crimes Delgado committed and the gravity of each, Kiernan said, a jail term was needed.
Madison County deputy public defender Chelsey Hartner said Delgado has struggled with alcohol and marijuana use for much of the past decade. After Delgado turned 21, Hartner said, he started using methamphetamine, which led to several of his run-ins with the law.
Hartner said Thursday Delgado knew he was unlikely to get probation, but had hoped he could get treatment while in a correctional facility. Hartner asked the judge to give Delgado a shorter prison sentence and a long period of post-release supervision.
Hartner also said Delgado would seek to leave the Norfolk area to give it a “fresh start”.
Before being sentenced, Delgado admitted his drug and alcohol problems.
“I want you to know that I am an addict,” he told Kube. “Methamphetamine had a great influence on these charges. Ultimately I know right from wrong, I know I shouldn’t be dealing drugs and I know I shouldn’t get hold of someone. My judgment was clouded that day (July 13), but I know I cannot go unpunished.
Delgado said he needed help, guidance, structure and responsibility.
“I don’t want to live this life anymore,” he said.
He also apologized to the victim, who was in court on Thursday.
“I want to apologize to you. I’m sorry for everything I’ve done to you, he told her. “You never deserved any of this, at all.”
Kube told Delgado he had to make the choice to be sober. There is more to life than just “having fun,” the judge said, and Delgado had let drugs take over his life. He cited nearly five pages of criminal history dating back to Delgado’s age of 16.
But what caused Kube particular unease, he said, were the incidents of assault.
“What’s most worrying for me, besides the drug use, is that you’ve gotten to a point a few times where things have gotten violent,” the judge said. “You start to see things like that happen, especially if you’re at a point where you don’t remember what happened, it’s dangerous.
“I want you to remember what you did so that you can find a way that it doesn’t happen again.”
Delgado’s sentence includes 2 years for attempted delivery of marijuana; 2 years for strangulation and attempted forcible confinement; and 2 years for false imprisonment in the first degree and trespassing. He was given credit for 62 days already served.
Delgado had faced a maximum of 14 years in prison, and since he was sentenced to 6 years in prison, he must serve 3 years less 62 days already served before his mandatory release. Kube also sentenced Delgado to 24 months of post-release supervision.
Others were to be sentenced by Kube on Thursday for the following facts:
Impaired driving – fourth offense, suspended driving
– Riley D. Thompson, 37, Sumner, 6 months in Madison County jail with credit for 19 days served, sentence to start Tuesday, Dec. 21, 18 months post-release supervision, $ 1,500, license revoked for 15 years , costs.
Delivery of methamphetamine, possession of methamphetamine
– Kevin Boettger, 61, 2900 Old Highway 8, has requested an upholding of his sentence due to the incomplete pre-sentence investigation report (PSI). Boettger’s sentence has been extended until Thursday, January 20, 2022.
Third degree assault on an officer
– Michael E. Heesch, 47, Garretson, South Dakota, failed to show up and an arrest warrant was issued for him.
Possession of methamphetamine
– Erica D. Ober, 20, 608 S. Ninth St., has asked for an extension of her sentence until Friday, December 17th.
Violation of post-release supervision for third degree domestic assault, neglectful child abuse
– Dominique J. Gonzalez, 29, 1000 Koenigstein Ave., did not show up. The county attorney’s office opposed an extension but did not immediately seek an arrest warrant for Gonzalez.
Probation violation for possession of methamphetamine
– Daniel J. Hubbs, 39, Omaha, 2 years in the Nebraska Corrections with credit for 192 days served, 12 months of post-release supervision, fees.