Friday’s sentencing hearing for Vincent Paul Degidio Jr. on kidnapping and firearms charges had a different flavor to it as the defendant was notably absent from the courtroom.
Degidio appearead via interactive television from South Carolina where he is recovering following injuries during the shootout with police April 3, 2008. Degidio is paralyzed and will never walk again, his attorney said.
Judge Ralph Erickson spent several minutes going over Degidio’s right to be present for the hearing, asking numerous questions about whether he understood and wanted to waive that right. During the questioning, Erickson noted that Degidio chose not to be at the hearing because he did not want to come back to North Dakota or Minnesota.
At the end of the sentencing hearing — in which Degidio received nearly 29 years — his defense attorney asked the judge to have him serve his time in Rochester, Minn., or as close as possible to his sister, who is close with her 29-year-old brother.
Erickson has no control over where Degidio goes, as the decision is made by the Bureau of Prisons. He did make the recommendations, but acknowledged they may not matter.
Degidio’s sister was in the courtroom but declined to comment following the hearing.
Spectators in the courtroom gallery, including law enforcement and Degidio’s victim, could see him on television screens in the room that depicted him seated next to his attorney, an image of the Fargo courtroom and Clay County attorneys watching the case from Moorhead (he faces state charges in connection with the incident). It was a bit difficult to see if Degidio reacted at all during the hearing because he was not present in the courtroom.
He did apologize during the hearing, stating the following when asked if he wanted to address the court:
"Oh. Sorry for what I did. I hope that, uh, she’s able to get over it and able to handle dealing with life and is able to deal with day to day, you know, everything. That’s it."
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