Jose Antonio Delgado didn\u2019t dispute the fact that he fired a gun at a man downtown back in February. But he told the judge in court Monday that it was for a good reason: someone stole his best friend \u2014 a dog.<\/p>\n
\u201cThe dog is my best friend, or like a grandkid to me,\u201d Delgado, 48, told Juneau Superior Court Judge Louis Menendez after the prosecution dismissed his excuse as an unlikely story. \u201cWould you get mad if someone took your grandkid? I would, and I did.\u201d<\/p>\n
Menendez sentenced Delgado to five years in prison with two years suspended for the Feb. 24 drive-by shooting.<\/p>\n
Prosecutors originally charged Delgado with two counts of felony weapons misconduct and two counts of felony assault. Monday\u2019s sentencing was part of a plea deal that dismissed three of those charges in exchange for a guilty plea to one count of weapons misconduct. Five years of probation was also part of the deal, along with an undetermined amount of restitution for damages caused during the drive-by.<\/p>\n
According to a court affidavit, when police arrested Delgado he said he only fired the weapon because he saw someone walking his dog. On Monday in court, he said the bullet was meant to get the man\u2019s \u201cattention.\u201d<\/p>\n
Deglado fired the bullet from a car \u2014 reportedly driven by Sky Stubblefield, 26 \u2014 in the direction of a man walking near Harris Street. The bullet missed the man on the street, but it entered a house owned by Juneau resident James Barrett, where it travelled through his front window, hit a lamp, then landed eight inches away from his head, the affidavit alleges.<\/p>\n
Judge Menendez stressed in court that it was only a matter of luck that Delgado wasn\u2019t facing more severe charges.<\/p>\n
\u201cIt was a bad day for you, but in other ways, it was a lucky day for you,\u201d Menendez told Delgado. The judge also said in court that he lives nearby where the incident took place and was shocked to learn about the dangerous activity in his neighborhood. \u201cThat\u2019s not what we do here in Juneau. … I don\u2019t like that and it can\u2019t happen again.\u201d<\/p>\n
Barrett and other people present during the shooting opted out of offering a statement to the judge during the sentencing.<\/p>\n
Menendez told Delgado \u2014 who has 21 prior criminal convictions, including a felony conviction for misconduct involving a controlled substance and seven other convictions of misdemeanor assault \u2014 that he believes he has good prospects for rehabilitation. After presiding over seven different hearings involving Delgado, Menendez said he\u2019s seen the man\u2019s demeanor change over time.<\/p>\n
\u201cI think you\u2019re tired of this life you\u2019ve been living and you want to change it,\u201d Menendez told Delgado.<\/p>\n
Other than talking about his love for his dog, Delgado only spoke when spoken to, but he did make a few jokes whenever the opportunity presented itself. Before he left the courtroom, he told the judge he needed to head back to Lemon Creek Correctional Center because \u201cI got chicken cooking.\u201d<\/p>\n
On July 21, Stubblefield was found guilty of second-degree failure to stop at the direction of an officer, a class A misdemeanor. She received the maximum sentence, which is one year in jail.<\/p>\n
\u2022 Contact reporter Paula Ann Solis at 523-2272 or paula.solis@juneauempire.com.<\/p>\n
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