By Shannon Fiecke, Staff Writer 

Six young men were spared prison Tuesday for their role in the beating of an Apple Valley father at Valleyfair Amusement Park in Shakopee last summer, but were promised more time behind bars if they screw up on probation.

Most will still have to serve some jail time, however. The defendants, who are all related, each received five years of probation, but varying sentences based on their criminal past and involvement in the Fourth of July brawl, ranging from 90 to 225 days in jail or electronic home monitoring, with credit for jail time already served. They previously pleaded guilty to third-degree assault in Scott County District Court in Shakopee as part of plea agreements.

Judge Richard Perkins implored the men to improve their lives, and he lectured them for their lack of remorse. He promised to have a “zero tolerance” policy if they end up back in his courtroom. He said he will preside over their cases until he retires. 

 “Whether you jaywalk or spit on the sidewalk,” he told the first defendant. “You mess up, I will ship you for the remaining time — you got that?”

Perkins said the men had offered a variety of excuses for their behavior — ranging from the “matter just got out of hand” to being in the “wrong place at the wrong time” to “the victim started it.”  

“Without exception, the six of you have no clue why your conduct was wrong and the extent of the impact,” he said. Like so many young people, “the focus is on ‘me— poor me.’ ”

He also scolded the men for showing up an hour late to the court hearing. 

“For some reason, we’re just damn happy people show up — which is ridiculous,” Perkins said. 

Perkins explained that state guidelines called for a penalty of up to a year and a day behind bars for aiding and abetting third-degree assault. The benefit of a stay of imposition, he said, is the men will be monitored for a longer time. 

The judge, who didn’t reveal the contents of a confidential victim-impact statement, said the victim and his family had signed off on the plea agreements.

The 41-year-old victim, who suffered significant eye damage, was beaten to unconsciousness after he intervened in a dispute that started when one of the suspects hit his niece with an inflatable bat, according to criminal complaints. The victim’s family told police eight males took turns stomping and kicking the man. One ran off, but police arrested seven others, including one juvenile.

Perkins said he was varying the sentences based on the men’s individual circumstances. 

Prior to Tuesday, all the defendants — regardless of their criminal past or level of involvement — were being offered the same deal, public defender Pao Yang said to the judge, and this is the first time they were looked at individually.

Yang was defending 19-year-old Devondre Q. Evans-Lewis. Perkins granted his request to lower the recommended jail sentence from 180 to 120 days.

Yang said his client had taken responsibility as the first to plea and “prayed for the victim every day.”

He said this was the Evans-Lewis’ “first time in court” and the man had no prior offenses.

Court records show, however, that Evans-Lewis faces a charge in Dakota County from April 2008 for promoting prostitution.

Perkins also agreed to lower the jail time from 180 to 90 days for Darris D. Evans. Public defender Richard Sand said Evans’ participation in the event was minor and his client had completed high school and was enrolled in technical college for the fall. The 21-year-old also received a concurrent sentence for fifth-degree assault for allegedly hitting someone during the fight.

The judge warned Evans not to screw up.

“You can let it define you or you can learn from it,” Perkins said of the case.

Another defendant, 20-year-old Derry D. Evans, who was said to have not participated in the attack, but did nothing to stop it, was given credit for 61 days already served and will only be required to have electronic home-monitoring.

His attorney, Steve Bergeson, said Evans was forced to plead out. “He could have been found guilty of doing nothing because people who were doing something were his family.”

The other defendants were Andrew D. Shannon, 20, who allegedly bopped a girl with an inflatable bat; Terry L. Arnold, 23, a key player in the fight, and Anthony C. Gildersleeve, 21.

Defense attorneys said their clients were remorseful and a couple expressed concerns about the media attention. Pao said press coverage was biased, with reporters only hearing the police and prosecution angle.

Roger Ramstad said his client, Terry Arnold, was not the “monster” some had made him out to be.

“He didn’t want the outcome that ultimately [happened],” Ramstad said.

Perkins responded: “You were the point man on this deal. You probably didn’t intend this, but when you start beating on people, this is what happens.”

The defendants did not make statements during their sentencing, but answered questions from Perkins about their future plans, which included desires to become a barber, chef and rapper.

Perkins chastised the defendants for their lack of employment and encouraged them to get their act together for the sake of their young children, which some of them have.

Most of the men haven’t graduated high school and so Perkins also imposed conditions requiring them to complete their education. 

Four of the six defendants were escorted to Scott County Jail after the sentencing.  Darris D. Evans will complete electronic home monitoring and Andrew Shannon is said to have already met his jail requirement. 

Shannon Fiecke can be reached at (952) 345-6679 or sfiecke@swpub.com.