Jury finds Delacruz not guilty in Peru assault
AUBURN – A Nemaha County jury found Guadalupe Delacruz, 60, of Peru not guilty of felony assault following trial.
The jury came back with not guilty verdicts on charges of assault and use of a firearm to commit a felony and a guilty verdict on misdemeanor carrying a concealed weapon.
Delacruz was charged for entering his neighbor’s property where there was a dispute. 25-year-old Mark Dupre suffered a gunshot wound and was treated at Bryan Health Center.
Judge Julie Smith noted there was a jury question about jury instruction No. 24, which said if the jury finds that Delacruz was justified in shooting Dupre based on self-defense, the jury must find him not guilty of counts involving endangerment of children who were present during the incident.
The judge had earlier ruled that the jury could hear evidence that Dupre was later convicted of manslaughter in Sidney, Ia., and was sentenced to 15 years in prison. In the Iowa case, prosecutors contended that Dupre used social media to lure the victim onto his property where an attack occurred.
Delacruz was also found not guilty of a charge alleging injury to another man at the Dupre property. The other man, Cody Hankins, told investigators he was the target of a shot. An affidavit says Hankins denied that he provoked the shot by picking up a rock. Hankins was listed as a witness at trial.
Court records say the two men confronted Delacruz when a woman he was with shut off the music.
Sentencing on the concealed weapons conviction is scheduled Aug. 28.