MASON CITY — One of three Belmond teens charged as part of a stabbing last year in Mason City and sentenced to ten years in prison has won an appeal of his sentence and will be released from prison.
David Gordon, who was 17 at the time of the crime, was charged after two victims were held down, stabbed multiple times, and had property taken on April 1st of last year in the 200 block of 15th Northeast. Gordon as part of a plea agreement pleaded guilty to first-degree theft, a Class C felony, and willful injury, a Class D felony, and was sentenced in May of this year to a total of ten years in prison.
Gordon’s attorney in June filed an appeal of the sentence, saying that recent court decisions had delineated the standards for determining juvenile capability in criminal cases.
His attorney stated that Gordon has shown considerable guilt and remorse for his acts. He says he was having issues with a gang in his neighborhood, that he did not have a prior history of violence and had not exhibited any type of violent or dangerous behavior prior to the incident.
Gordon’s attorney also said while he was released on bond for 11 months prior to sentencing, he appeared for all court dates and did not get into trouble, which would indicate that Gordon would do well on probation.
District Judge James Drew on Tuesday approved Gordon’s appeal, citing the defendant’s age at the time of the offense and his good behavior while in prison. Drew suspended the prison sentences and fines in the matter and placed Gordon on five years probation.
The other two defendants in the case, Jaden Edel and Dominic Fogarty, who were 18 and 17 at the time of the incident, pleaded guilty and were sentenced to probation.