Mitchell man gets 26 days for threatening wife with knife

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A Mitchell man accused in December of threatening police and his wife with a knife outside the Mitchell Department of Public Safety building was sentenced Tuesday morning to 26 additional days in jail.

Jose Sanchez, 41, was given a suspended 10-year prison sentence for aggravated assault with a deadly weapon, a Class 3 felony to which he pleaded guilty on June 25.

Judge Chris Giles said he did not impose a penitentiary sentence in part because Sanchez had not caused any problems before or since his arrest on Dec. 3. On that date, Sanchez was alleged to have recklessly driven to the Department of Public Safety building and threatened three officers with a knife in the lobby, threatening his wife when she attempted to calm him down.

Sanchez was tased and taken into custody, and no one was injured in the incident.

Sanchez's attorney, R.J. Rylance, requested a suspended imposition of sentence, as Sanchez, a Mexico native who has been in the U.S. for 20 years, has applied to be naturalized American citizen, and a felony conviction could jeopardize that process or result in his deportation. Giles said his decision in sentencing was based only on the crime brought before the court.


"Your situation is complicated more by your immigration status, and I'm going to be fair to you in that I'm really not going to give consider that one way or the other," he said to Sanchez. "... I know there may be some other ramifications."

Giles opted to grant a suspended execution rather than a suspended imposition based on the severity of the charge, and he ordered Sanchez to comply with treatment recommendations, as all parties in court Tuesday agreed the incident was a result of Sanchez's mental health and substance abuse issues.

"At this point, he seems to have been doing better as far as working with mental health," Davison County Deputy State's Attorney Bob O'Keefe said.

As part of his plea agreement with the state, three counts of aggravated assault against a law enforcement officer and one count of reckless driving were dismissed. The charge of which Sanchez was convicted was for threatening his wife.

"It is a little ironic that she's the alleged victim in this case. I don't think she sees herself that way," Rylance said, referring to a letter Sanchez's wife wrote to the court prior to sentencing.

Sanchez received credit for the 58 days in jail and six days at the Human Services Center that he's already served. He was ordered to return to the Davison County Jail by 7 p.m. Friday to serve the remainder of his 90-day sentence, during which he can participate in work release.

Sanchez will spend four years on probation, and he was ordered to pay $2,030.60 in restitution, a $1,500 fine, $106.50 in court costs and a $25 domestic abuse surcharge.

"I just want to apologize to the police officers and my wife," Sanchez said in court.

Related Topics: CRIME AND COURTS
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