A little over a year after Jesus Ibarra was charged with First Degree Assault a room full of people made their way to the Watonwan County Court Room for his sentencing hearing.
During the hearing Steve Lindee, Watonwan County Attorney put on the record that he had lengthy conversations with the victim, his wife and other members of his family about the case and possible resolutions.
He said that the family thought the plea agreement was appropriate in the case based on many factors.
Since the agreement went outside of sentencing guidelines he was asked to give reasons for the departure from the guidelines.
Some of the reasons given for this was the fact that he is only 20 years old and that the family thought it was appropriate.
“ I hope he recognizes the opportunity being given to him and takes advantage of it.”
Kevin Green, for the Defense explained during his presentation to the court asked Judge Ferrazzano II to go along with the recommendations made by the State and Defense.
Some of the things that were explained by Green included the fact that he is a young man that has suffered for many years with chemical dependency and mental health issues.
While he did not go into details he did mention that there were many issues with the case as well.
“ We believe justice was served here.”
While Judge Ferrazzano II ultimately agreed to follow the recommendations of the deal he stated that the court was considering not accepting the deal based on his most recent arrest which is still pending.
The recent charges for Ibarra include Motor Vehicle Theft.
According to the complaint, on September 13 St. James Police Officer Kody Hadler took a report from Vicente Ibarra Sr. (61) that his son, Jesus Ibarra (20) had stolen his truck. Jesus called Ibarra, Sr., and told him that he had taken the truck. Ibarra, Sr. directed Jesus to return
the truck immediately or he would contact the police. Jesus failed to do so. Ibarra, Sr. signed a stolen vehicle report.
Defendant Jesus Ibarra was stopped by Watonwan County sheriff’s deputies at the intersection of 360th Street and 737th Avenue in Watonwan County and was arrested. A 18 year old passenger was also in the vehicle. The vehicle was searched, and a grey backpack was located in the cab. Jesus said the backpack belonged to the passenger but the passenger denied it. Inside the backpack was a Tic Tac Freshmint container that contained 26 white rectangular pills with “G3722” marked on them. The pills were determined to be 2 milligram Alprazolam pills. Alprazolam is a Schedule IV controlled substance.
Jesus was brought to the jail and was uncooperative. Watonwan County Detention Officer Rahn stated that Defendant was cooperative at times and would then state that he wanted to fight. Detention Officer Rahn put Defendant in a holding cell to check on the other prisoners. When he returned, he observed Defendant had what appeared to be a baggie with unknown content in his waistband. Detention Officer Rahn, with the help of other law enforcement, was able to retrieve one white pill, which was the same as the pills recovered in the grey backpack that Defendant was driving. Defendant was holding another pill and refused to give it to the officers, but eventually agreed to do so. A strip search of Defendant was conducted and a third pill fell out of his underwear. A fourth pill was discovered between the cheeks of Defendant’s buttocks. All the pills were identical to the ones discovered in the grey backpack.
Defendant was making suicidal threats, so he was placed in a suicide vest. He then ran into cell 108-2 and began to bang his head against the cement wall. Detention Officer Rahn raced after Defendant to stop him. At that point, Defendant either pushed or head-butted Detention Officer Rahn in the chest, causing him to fall back into the bunk located in the cell. Detention Officer Rahn was taken to the St. James emergency room where he learned that he had a back injury and bruised ribs.
“ The new charges causes the court a great deal of concern,” the Judge stated.
The Judge also read a line in the Presentence Investigation which stated that Ibarra’s chemical dependency use it out of control and if he does not change his behavior that his 117 month prison sentence be executed.
“ I hope you understand the situation you are in,” the Judge stated.
The Judge gave the reasons of his age, agreement by the family and his willingness to be on probation for why he accepted departing from sentencing guidelines.
As part of the sentencing Ibarra was given a Stay of Execution for 117 months in prison along with 365 days in jail to serve and a fine of $1000 along with 15 years of probation.
While no Victim Impact Statements were given, after the hearing members of the Pascual Sanchez family spoke with reporters.
While they said that Pascual is fully recovered and is even riding and fixing bicycles again he was not in attendance during the hearing because he did not want to bring back the memories of being assaulted and wants to put everything behind him a family member said.
While it was explained during the sentencing that the family said they were in agreement with the resolution in the case the family in attendance said that they were not happy with the sentence due to the fact that he has been in trouble with the law multiple times since he was released from custody after being charged with the assault.
“We really think he should be put away for awhile,” a family member stated.