Deberry changes plea in 2024 downtown assault
Shaun Deberry appeared in court Sept. 24 to change his plea after signing a plea agreement earlier this month in with his role in the Sept. 8, 2024 assault on a man in the alley behind City Bar at 709 Central Ave.
Deberry was 19 at the time of the assault and was initially charged with a felony count of aggravated assault, which prosecutors upgraded to accountability for attempted deliberate homicide.
Deberry plead guilty to an amended felony charge of accountability for robbery.
Deberry takes plea deal in 2024 downtown assault, he and Pherigo await sentencing
A person convicted of that charge faces a prison term of not less than two years or more than 40 years and may be fined up to $50,000.
Prosecutors aren’t making a sentencing recommendation, but expect the victim, Jake Krause, who was 37 at the time of the assault and suffered a brain injury, or his family to testify.
His wife was in the courtroom for the Sept. 24 hearing.
Deberry’s sentencing is scheduled for Nov. 13.
Pherigo takes plea in downtown assault; others involved have upcoming trials
Under the type of plea agreement Deberry signed, the court is free to impose a sentence it deems appropriate and Deberry cannot withdraw his guilty plea.
In establishing the facts, Deberry’s defense attorney asked him if he remember the details of the incident.
Deberry replied, “somewhat,” but admitted to following Kraus into the alley and throwing a soda, hitting the victim in the head, then hitting, punching kicking and stomping on him several times, then going through his pockets with the intent of stealing. The prosecution said Deberry took a knife from Kraus’ pocket.
A person convicted of accountability to attempted deliberate homicide faces life in prison, or a term of not less than 10 years or more than 100 years, but it also requires prosecutors to prove intent, according to the Cascade County Attorney’s Office.
Deberry’s mother submitted an eight-page letter to the court asking for leniency as he’d grown up in a troubled home as she struggled with addiction and abusive relationships.
Ethanel Pherigo and Jesse Edwards, Jr., were also charged in the incident.
Pherigo was 19 at the time of the time of the assault and Edwards was 14.
Juvenile’s charge upgraded to attempted homicide in Sept. 8 assault case [2024]
Pherigo was scheduled to be sentenced on Sept. 11, but there was a scheduling conflict for attorneys on the case and one attorney then had a family emergency.
His sentencing hasn’t yet been rescheduled.
Pherigo appeared in court for a June 4 status hearing, after signing a plea agreement over the winter, but then firing his attorney and prosecutors thought he was considering withdrawing his guilty plea.
Two more charged in Sept. 8 assault; two women charged in connection with missing 12-year-old [2024]
During the June 4 hearing, Pherigo told his new attorney, Sam Harris, that he was ready to proceed with his case.
Since he signed an agreement to plead guilty to robbery in exchange for the state dropping the aggravated assault charge, the case moved to sentencing and the prosecution is recommending 40 years in the Montana State Prison.
During the June 4 hearing, Harris said they were prepared to move to sentencing, but Ryan Ball said the prosecution wasn’t yet prepared since they had several people to testify about the effects of the assault, including the victim.
According to prosecutors, Pherigo’s family was also planning to attend his sentencing hearing.
Edwards was 14 at the time of the assault and was initially charged with felony aggravated assault in juvenile court.
Prosecutors upgraded his charge to deliberate attempted homicide last fall, but his case is still pending as the court determines whether to try him as an adult or a youth.
A transfer hearing is scheduled for Sept. 23, but was continued shortly after it was set to begin.
A status hearing has been scheduled for Oct. 21.
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