Third home invasion defendant sent to prison
Jose Diosdado Jr. was less culpable than his two co-defendants in an October home invasion in which father and son Kerry and Logan Kinion were severely beaten in their McMinnville home, Deputy District Attorney Ladd Wiles told the court.
As a result, he recommended a shorter prison term than the ones handed down to co-defendants Todd Shelton Jr. and Daniel Thornton, both of Lafayette.
Judge Ronald Stone sentenced the McMinnville resident to 70 months in prison, or almost six years, followed by 36 months of post-prison supervision at a plea and sentencing hearing Monday morning in Yamhill County Circuit Court.
Diosdado pleaded guilty to two counts of second-degree assault and one count of second-degree robbery, all Class B felonies.
The assault charges were negotiated down from first to second-degree as part of a plea agreement negotiated between Wiles and court-appointed defense attorney Abraham Hanson of McMinnville.
His case had been scheduled to go to trial Monday, had he opted for acceptance of the plea deal, under which 11 counts of assault, burglary, robbery and unlawful use of a weapon were dismissed.
Wiles said Diosdado’s degree of involvement did not rise to that of Thornton and Shelton. He also noted Diosdado had previous convictions only for possession and attempted delivery of methamphetamine, while Shelton and Thornton had extensive criminal histories. He also cooperated with authorities.
“He told the detectives from the beginning, ‘I want to make this as easy as possible for the district attorney,’” Wiles said.
Thornton, 29, pleaded guilty to one count each of first-degree robbery, first-degree assault and second-degree assault, all felonies. He was sentenced to 120 months in prison.
Shelton, 30, pleaded guilty to one count each of first-degree robbery and second-degree assault. He was also sentenced to 120 months.
In addition, Shelton was found in violation of his probation on convictions for failure to register as a sex offender, second-degree child neglect, possession of a controlled substance/oxycodone, delivery of a controlled substance/methamphetamine, and delivery and manufacture of a schedule II controlled substance. Those violations cost him another 10 months, to run consecutive to the 10 years.
The intruders struck Kerry Kinion with a hammer, fracturing one of his eye sockets. They struck Logan Kinion with a wrench, inflicting head cuts requiring multiple staples.
Logan ended up stabbing Shelton repeatedly during the confrontation that ensued.
“He was heard to say, ‘He’s (Logan) got a knife, hit him, hit him,’” Wiles said of Diosdado.
Detective Toby Carver detailed the attack this way in a probable cause affidavit:
About 11 p.m., Kerry answered a knock on the front door, and a commotion ensued.
Believing his father was under attack, Logan grabbed a knife from his bedroom nightstand and headed for the living room. He saw three adult males hovering over Kerry and jumped them.
Thornton, wielding the hammer, had Kerry pinned down. The other two men advanced on Logan, and one of them, identified as Shelton, assaulted him with a wrench.
Kerry sustained cuts on his right forearm and hand. He said it felt as if he was being cut with a knife, though he never saw one.
Diosdado, who has a toddler daughter, told the court, “I did not have a weapon. I am not a violent person. I have never had a violent history.”
Stone told him to be a “good man and a good person” while he’s in prison and make an effort to turn his life around.