Devyn Drake, Minot, sentenced for criminal trespass, simple assault on police officer
Devyn Ann Drake, 30, Minot, was given a one-year suspended sentence, with credit for 52 days already served in jail, on Thursday for assaulting a police officer at the Ward County Jail, trespassing at her ex-husband’s home and contacting her ex-husband’s current wife on Facebook in violation of a court order.
Under the terms of a plea deal, Judge Richard Hagar sentenced Drake to one year on the simple assault on a police officer charge, a C felony, to one year and one day on the criminal trespass charge, also a C felony, and to 360 days on the disobedience of a judicial order, a Class A misdemeanor. All of the time is suspended except the 52 days she already served in jail. If she successfully completes the two years of supervised probation, the assault on a police officer charge will be reduced to a Class A misdemeanor. The felony criminal trespass charge cannot be reduced to a misdemeanor. The sentences are concurrent.
The state dismissed a second charge of assault on a police officer and a criminal mischief charge for destroying a television at the Ward County Jail in April. However, Drake will be ordered to pay the cost of the TV as part of the sentence.
Drake, who said she suffers mental illness, had entered her ex-husband’s home without permission in April. She was arrested and taken to the jail, where she broke the TV and then punched a correctional officer at the jail in the face with a closed fist and knocked off her glasses. In July, she sent five messages on Facebook to her ex-husband’s current wife in violation of a court order. She had been upset because the other woman posted messages on social media about her previous arrest. Drake had been accused of digging her fingernails into the arm of a Ward County deputy who placed her under arrest on that charge in July.
Hagar also ordered Drake to have no contact with her ex-husband or with his current wife while she is on probation. Hagar refused to include Drake’s daughter in the no contact order. The girl’s father has custody and Drake is supposed to have supervised visitation. Hagar told her that his court is not the appropriate place to work out the custody arrangement, but he hasn’t received sufficient information to order no contact with the child.
Drake told the judge she is currently receiving treatment for her mental illness and has a support system where she is currently living.