Devlin sentenced to 50 years for kidnapping
Charles Devlin was convicted of kidnapping a woman in a trial last April. He's seen here in a holding cell in the county jail earlier this year.
Jennifer McBride - Leader Staff
At his Thursday sentencing, convicted kidnapper Charles Jay Devlin made an impassioned plea for leniency.
"All I want is a chance to work through things," he said. "I still have something to offer … I'm worth saving."
His words didn't sway Judge Christopher. Christopher sentenced him to 50 years in the Montana State Prison, despite the fact that Devlin's attorney, Ben Anciaux, told her the judgment "essentially amounts to a death sentence."
Before Devlin gave a rambling, 30-minute speech in district court last week, Anciaux laid out reasons for leniency and argued with the wording of some of the court documents detailing his client's file. Devlin's demands ranged from striking out the word "convicted" in connection with probation violations because he wasn't convicted by a jury to removing statements by a parole officer calling him a "career criminal" because it was editorializing. Anciaux also asked the court to substitute a transcript of the trial in place of a summary of relevant facts, which Devlin's attorney called flawed and damaging to Devlin's reputation.
Anciaux also went on to repeat Devlin's claim that he was innocent of kidnapping charges, reiterating Devlin's "good Samaritan" defense, which he used at trial. Anciaux pointed out that there had been no evidence of sexual assault and that the trial turned on the word of a young woman who, after telling police Devlin kidnapped him, spent the weekend partying with her friends.
At trial, Devlin claimed he had rescued the victim, passed-out from consuming alcohol, from cold and rain.
County Attorney Mitch Young said charity had nothing to do with the screaming, naked woman found in the back of his van.
"He stalked her," Mitch Young said at Thursday's sentencing. "It was nothing less than predatory."
The jury at Devlin's trial last April agreed. After seven hours of deliberation, twelve people convicted Devlin of kidnapping and obstructing a peace officer, though they did acquit him of felony DUI and failure to provide proof of insurance.
The maximum sentence for these charges would usually be 10-and-a-half years imprisonment, but Judge Christopher labeled Devlin a persistent felony offender, allowing her to tack on more prison time.
Devlin was originally scheduled to be sentenced last May, but the judgment was delayed. The last extension came after Anciaux said he was having trouble getting hold of all of Devlin's relevant medical history.
Medical problems were a primary part of Devlin's plea for a more lenient sentence. He said he suffers from Post-Traumatic Stress Disorder (PTSD), as a result of service in Vietnam. Though Devlin has been taking Ritalin and Zoloft for his problems, he said that incarceration will make it difficult for him to get adequate treatment.
Devlin also said he suffers from high blood pressure and what his attorney labels "heart episodes." Devlin has had several apparent heart attacks only to have doctors dismiss them, saying there was nothing wrong. One "heart episode" put him on a Lifeflight to Missoula, costing taxpayers $12,877.
Judge Christopher said she appreciated Devlin's problems, but they did not excuse his background.
"There are other Vietnam vets that have PTSD but don't have your criminal history," she told Devlin.
Devlin has a long record. Though he has no previous convictions for sexual assault, he does have over half a dozen DUIs.
Christopher also sentenced Devlin to five years for bail jumping, to run concurrently with his sentence for kidnapping, and six months in the Lake County Jail for obstructing a police officer, which Devlin will serve after he completes prison time.