Mix-up over crime bill’s effect stalls drive-by shooter’s sentencing

Jose Antonio Delgado appears in Juneau Superior Court on Tuesday for sentencing for a drive-by shooting downtown.

Jose Antonio Delgado appears in Juneau Superior Court on Tuesday for sentencing for a drive-by shooting downtown.

Around the time that legislators were mulling over a bill this year to alter crime statutes in Alaska, police arrested a man and woman in downtown Juneau tied to a drive-by shooting. Five months later, the two events are clashing.

Jose Antonio Delgado, 48, was supposed to receive a sentence in court on Tuesday after he pleaded guilty to a lesser felony weapons charge in exchange for the dismissal of two felony assault charges. The charges stem from an incident on Feb. 24 when prosecutors say Delgado fired a bullet from a car at a man on Harris Street. According to a court affidavit, Delgado fired at the man because he thought he had stolen his dog.

[Drive-by bullet misses man by eight inches]

But in court on Tuesday, an assistant district attorney, the judge and the defense attorney all questioned if the sentencing could move forward considering Delgado entered into a plea deal that predates the now active Senate Bill 91 that reformed sentencing guidelines for multiple offenses. In Delgado’s case, the class B felony for firing a weapon out of a window could be punishable by one to three years in prison, dependent on the defendant’s criminal history. SB 91 reduces that window to zero to two years.

Delgado has 21 prior criminal convictions, including a felony conviction for fourth-degree misconduct involving a controlled substance and seven other convictions of misdemeanor assault, according to CourtView.

Eve Soutiere, of the Office of Public Advocacy, told Judge Louis Menendez that she wasn’t sure based on the date of her client’s prior offenses if a presumptive range (a sentencing based on prior criminal convictions) still applied in his case and she needed more time to discuss the matter with Delgado. ADA Amy Paige said the presumptive rage did still apply and regardless of SB 91, the sentencing could move forward as planned with the agreed upon plea deal of three years served in prison and five years of probation.

“It’s the state’s position that this remains a legal sentence,” Paige told Judge Menendez.

[In Haven House ceremony, Walker signs sweeping reform of Alaska’s criminal justice system]

Menendez considered if an entirely new plea deal should be entered, but in the end Soutiere agreed with Paige that based on her client’s criminal history in combination with the crime reform law, the sentence agreed upon in the plea deal was still legal and appropriate. Delgado, too, told his lawyer he would be fine with proceeding with the agreed upon plea deal and did not need time to confer with his lawyer. However, all the time spent discussing SB 91 ate into the actual sentencing time.

Delgado’s sentencing was eventually rescheduled for Aug. 24.

Sky Stubblefield, 26, the woman prosecutors said drove the vehicle from which Delgado fired the weapon, previously pleaded guilty on July 21 to second-degree failure to stop at the direction of an officer, in exchange for the dismissal of a felony weapons charge. According to a police report, Stubblefield told police she wanted nothing to do with Delgado’s actions which is why she fled the scene after Delgado fired the weapon. She received the maximum sentencing for the misdemeanor charge, one year of jail time.

Read more news:

Trawler crew abandons ship in the Aleutians, rescuers en route

Deficit-saddled Alaska gets another hit to its credit rating

Walker signs two bills into law

More in News

The Norwegian Cruise Line’s Norwegian Encore docks in Juneau in October, 2022. (Clarise Larson / Juneau Empire File)
Ships in Port for t​​he Week of Sept. 17

Here’s what to expect this week.

A rainbow appears over downtown as residents check out rows of electric vehicles at Juneau’s EV E-bike Roundup Saturday afternoon. (Clarise Larson / Juneau Empire)
Capital city celebrates 10th annual Juneau EV and E-bike Roundup

Juneau’s electric vehicle growth among fastest in the country, organizers say.

U.S. Sen. Dan Sullivan, R-Alaska, gives a live speech via video from Washington, D.C., to attendees at the annual Southeast Conference meeting in Sitka on Thursday. (Screenshot from video by Southeast Conference)
Murkowski, Sullivan warn of domestic, foreign threats to Southeast Alaska’s economy

Issues from Russian seafood imports to ferry funding cited by senators during Southeast Conference.

(Michael Penn / Juneau Empire File)
Police calls for Thursday, Sept. 21, 2023

This report contains public information from law enforcement and public safety agencies.

This is a photo of Juneau International Airport. (Clarise Larson / Juneau Empire File)
Email threat to Alaska airports doesn’t appear credible, police say

Heightened presence of officers at Juneau airport planned Friday.

A 2023 municipal election ballot is placed in the drop box at Douglas Library/Fire Hall Community Building. (Clarise Larson / Juneau Empire File)
Number of residents registered to vote ‘nearly identical’ to last year

More than 1,100 ballots counted so far during this municipal election.

Samantha Crain, of the Choctaw Nation, sings to the crowd during a performance Thursday night as part of the Áak’w Rock music festival at Centennial Hall. (Clarise Larson / Juneau Empire)
‘It’s pure resiliency’: Áak’w Rock kicks off

The three-day Indigenous music festival attracts full crowds during its first night.

U.S. Sen. Dan Sullivan, R-Alaska, walks down a hallway Tuesday, Feb. 7, 2023, at the Alaska State Capitol. (James Brooks/Alaska Beacon)
With Alaska’s federal judge vacancy nearing 2-year mark, Sullivan breaks from nomination tradition

Murkowski appears skeptical about the switch, saying she’s prepared to advance nominees to Biden

Jordan Creek flows over a portion of a footbridge behind a shopping center Thursday evening. The National Weather Service has issued a flood warning for Jordan Creek, Montana Creek and Auke Lake until 10 a.m. Friday. (Mark Sabbatini / Juneau Empire)
Flood warning for Jordan Creek, Montana Creek and Auke Lake issued until 10 a.m. Friday

Glacier Highway, structures near Jordan Creek may inundated, according to National Weather Service.

Most Read