David Dalgarn sentenced to two years of probation
August 11, 2009
The man shot by a Grand County sheriff’s deputy last October was sentenced to two years of supervised probation in Grand County District Court on Monday.
David Christopher Dalgarn (also known as David North), pleaded guilty to attempted vehicular assault in early June as part of plea deal under which he could have been sentenced to a maximum of 90 days in jail and two years of supervised probation.
“We think supervised probation is appropriate,” Deputy District Attorney Daniel Miraflor told the judge when asked about the DA’s perception of a probation recommendation.
“Your actions that evening were reckless,” District Judge Mary Hoak told Dalgarn, adding that he was lucky no one died during the incident.
The charge to which Dalgarn pleaded guilty stemmed from his actions during a high speed chase on Oct. 6, 2008, that ended in Tabernash.
All charges related to Dalgarn’s subsequent fight with Grand County Sheriff’s Deputy Rochalle Rooks, which ended with Rooks shooting Dalgarn four times, were dropped as part of the plea deal.
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Hoak waived half of the $1,200 probation-supervision fee after declaring Dalgarn indigent. He is, according to testimony Monday, living on the Front Range on $1,200 per month in Supplemental Security Income.
Hoak said she did not think a jail sentence was appropriate under the circumstances.
“I’d just like to deeply apologize” to the victim in the attempted vehicular assault, Dalgarn said from his wheelchair at the conclusion of Monday’s hearing.
He is largely paralyzed from the neck down, though he has some use of both hands.
Contrary to testimony in June, court officials made it clear for the record that Dalgarn has been treated for three mental illnesses: post traumatic stress disorder, drug-induced psychosis, and mild schizophrenia. With appropriate medication, he was deemed competent on Monday to reaffirm his guilty plea on the attempted vehicular assault charge.
Dalgarn was charged in April with felony vehicular eluding, criminal attempt to disarm a police officer, and reckless driving. Two of those charges, both felonies, were dropped in exchange for the guilty plea.
The original felony charges carried presumptive sentences of one year to 18 months and one to three years in the Department of Corrections, plus potential fines up to $100,000.