Jason Ellbery

A Fargo man has been sentenced to 18 months minus time served after entering a change of plea to guilty on three charges stemming from an incident in August 2023.

Jason Derrick Ellerby, 36, entered his guilty pleas to aggravated assault, a Class C felony, domestic violence-bodily injury-second or subsequent offense and criminal mischief, both Class A misdemeanors, on April 17 in North Central District Court in Minot.

According to court documents, the charges were brought after Minot Central Dispatch received a report that a man had been assaulted by Ellerby. Investigators interviewed the victim, noting a 1-inch laceration under his left eye and a broken nose.

The male victim and female victim told investigators that Ellerby approached them in his vehicle while they were walking and began striking the male victim with closed fists. The female victim also was struck in the face by Ellerby, who reportedly destroyed the male victim’s cell phone, valued at about $175. Investigators said in the affidavit that Ellerby had prior charges for domestic violence bodily injury in Minnesota.

District Judge Gary Lee sentenced Ellerby to serve 18 months of a five-year sentence with the Department of Corrections and Rehabilitation for the felony count, with credit for 96 days already served. Ellerby will be required to complete three years of supervised probation upon release and was ordered to have no contact with the male victim and maintain a 150-foot distance from the victim and his residence. The court waived the $400 criminal administration fee but assessed $125 in additional court fines and fees.

Lee ordered Ellerby to serve 96 days in the Ward County Jail for both misdemeanor counts, which will be served concurrently with the felony. Ellerby also is to have no contact with the female victim, to maintain a 150-foot distance from her and to complete a domestic violence course.