Delgadillo sentencing postponed again |

Delgadillo sentencing postponed again

Pete FowlerGlenwood Springs, CO Colorado

GLENWOOD SPRINGS, Colo. Javier Rojas Delgadillo’s sentencing for a rape conviction from a 1995 case was postponed for the second time Friday.Reasons mentioned are psychosexual evaluations and determining exactly how sex offense laws would have applied in 1995.”The PSR (pre-sentence report) sort of starts out assuming that indeterminate commitment is not available because of the age of the case,” Deputy District Attorney James Leuthauser said, adding that this appears to be an error.”I think we all need some time to study this,” 9th Judicial District Judge Denise Lynch said.Delgadillo’s attorney, Ted Hess, previously said Delgadillo’s first psychosexual evaluator “over-rode” the results and designated Delgadillo as moderate to high risk after objective tests classified him as low risk. Hess said he had obtained a second evaluation from another source, which he requested be considered in sentencing and filed under seal.Jurors convicted Delgadillo in February of raping a Glenwood Springs High School teen and providing alcohol to minors 12 years after he was charged with the crimes and fled to Mexico. He was found guilty of first-degree sexual assault and two counts of contributing to the delinquency of a minor. Deputy District Attorney Amy Fitch prosecuted the case at trial. Detectives discovered Delgadillo’s identity and arrested him after matching his fingerprints to outstanding warrants when cocaine landed him in the hospital on April 7 last year. It was said at trial that Delgadillo had at one point used a fake social security number to work in the U.S. Appl’s suspected accessories haven’t entered pleasArraignments for two of three suspects charged as accessories in the Steven Appl case were continued again Friday.Both Cori Graham and Nichole Brownell have appeared and their arraignments have been continued more than once. Police believe Graham was driving the vehicle Steven Appl killed himself in at a police checkpoint after shooting Colorado State Patrol Trooper Brian Koch earlier.Police say Appl had been hiding in Wayne Hangs’ home south of Silt after shooting Koch. They say Brownell, a resident in Hangs’ home, took Graham to the home and asked her to drive Appl to Silt in hopes of helping him elude authorities. Hangs allegedly allowed Appl to hide on his property. An arrest affidavit said Appl buried himself outside Hangs’ house, successfully avoiding being found by a SWAT team.Brownell had been charged with accessory to attempted first-degree murder of a peace officer. Graham had been charged with being an accessory to a crime, tampering with evidence and obstructing a peace officer. Hangs was charged with being an accessory to a crime, tampering with evidence and obstructing a peace officer.Contact Pete Fowler: 945-8515, ext. 16611 pfowler@postindependent.comPost Independent, Glenwood Springs Colorado CO

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