Charles Crane/MDN Delon Davis exits the North Central District Courtroom on Thursday after being sentenced to serve life without the possibility of parole for the murder of Mark Ramon McMillan Jr.

The Minot man convicted in the murder of Mark Ramon McMillan has been sentenced to serve life without the possibility of parole.

Delon Davis, 47, appeared in North Central District Court before Judge Douglas Mattson at the Ward County Courthouse on Thursday, Aug. 22, for sentencing.

Ward County Deputy State’s Attorney Tiffany Sorgen reviewed sentencing factors before providing the state’s requested sentence, which was life without the possibility of parole. Sorgen cited Davis’ testimony at trial, during which he said he shot McMillan and hid his body in the basement of the business he worked in, just down the hall where he lived and recorded music.

Sorgen highlighted Davis’ lies to law enforcement regarding his version of the incident and claims of self defense, saying, “the jury did not believe a word of it.” Additionally, Sorgen pointed to the findings of the pre-sentence investigation, which determined he had a 58% chance to reoffend and noted Davis did not believe he had done anything wrong.

“This defendant has lied to investigators at every turn of this proceeding as we saw during the course of trial. His false statements to Sgt. (Robbie) Sumlin. His false statements to Sgt. (Shane) Johnson. Even when caught and confronted with the evidence, he invented his cockamamie story about the ‘Mexicans’ putting him up to it. He has been a hindrance to law enforcement’s efforts, not of assistance,” Sorgen said. “Not a single one of these sentencing factors goes in the defendant’s favor, your honor.”

Sorgen recommended sentences of five years for the counts of tampering with physical evidence and unlawful possession of firearm-felon, both Class C felonies; and 360 days for the count of providing false information to law enforcement, all without possibility of early release. Sorgen asked those sentences be served concurrently with a sentence of life without parole for the Class AA felony murder count.

Davis’ attorney David Dusek asked Mattson to factor in testimony from the trial regarding a threat made by McMillan against Davis after Davis told him to move out of the shop’s basement, having discovered McMillan was dealing drugs there. Dusek also noted his client could have harmed his case when he cleaned up the crime scene under duress of threats against himself and his family.

Dusek asked for a concurrent sentence of 50 years with 20 to 30 years suspended for the murder charge, as they were equivalent to a sentence of life with parole given Davis’ age.

“That would give him an opportunity to better himself and have a chance to maybe serve the last few years of his life outside the penitentiary. We believe that would be a fair resolution for the facts that happened in this case,” Dusek said.

Davis, invited to make a statement, said he accepted responsibility for the verdict reached by the jury. Davis admitted he tampered with evidence and hid McMillan’s body and said he understood the severity of his actions. Davis maintained he was not a danger or menace to society and had avoided any incidents while incarcerated.

“I am sorry, and I do accept responsibility. I just ask you to look at those facts. I’m not heartless. But I really did believe I was protecting myself and my family because I was in fear of my life and theirs,” Davis said.

“I don’t know how much more heartless it gets than to leave a man in a dank basement to rot for three months to the extent his own mother can’t recognize his body,” Sorgen said. “Causing the heartbreak and grief and despair that a community felt.”

“As judges, it’s not all too often I’m surprised as I am here today about one’s cruelty to another. This case makes the robe heavy to wear,” Mattson said. “The victim was selling drugs, he did not deserve the treatment he received from the defendant. There’s basic human decency we all have. I’m wondering at what point the defendant became deprived of that.”

Mattson concluded this case was not one for probation given Davis’ actions, and ultimately ruled in favor of a sentence of life without the possibility of parole.

Mattson structured Davis’ sentence to run concurrently, beginning with two years for unlawful possession of a firearm by a felon, to be followed by five years for the count of tampering with physical evidence and 360 days for providing false statements to law enforcement. Mattson clarified all of that time would be served before the sentence of life without parole.

“I’ve had a period of time here on the bench. Like others involved in the criminal justice system in one manner or fashion, you see all kinds of things. This one takes the cake,” Mattson said. “I don’t doubt you’re sorry, but you were heartless.”