28-year sentence recommended in fatal beating at Fargo apartment – INFORUM

Darrell Clinton Peterson, 44, entered an Alford plea Tuesday, Dec. 15, in Cass County District Court to a Class AA felony of murder in connection to the death of 64-year-old Duane Darling. A joint recommendation calls for 28 years in prison, but he wont be sentenced until a presentencing investigation is completed.

That could happen in February, Judge Steven McCullough said as he ordered the procedure.

The plea change comes more than a year after Darling was found on Nov. 13, 2019, bleeding from his head in his Pioneer Manor apartment at 201 11th St. N. A neighbor heard him crying for help, Assistant States Attorney Joshua Traiser said.

Darling was taken to a hospital, where he died from blunt force trauma, according to a medical examiner in Grand Forks.

Video footage shows Peterson and Darling entering the apartment the night before, then Peterson leaving in the early hours of Nov. 13, 2019, Traiser said. No one else entered or left the unit until the neighbor went to Darlings aid, according to court documents.

Officers who investigated the scene found a broken plant stand with blood on it, court documents said. When they arrested Peterson, they found Darlings blood on his jeans, Traiser said.

Peterson also told officers he should be charged with murder, a criminal complaint said.

Typically, an Alford plea means a defendant does not admit guilt but acknowledges there is enough evidence for a conviction. In this case, Peterson does not maintain his innocence but says he was too intoxicated to recall the events leading to Darlings death, defense attorney Nick Thornton said.

The two men went out drinking just hours before the attack, Thornton said. They were so intoxicated that they switched to something that wasnt alcohol, possibly a substance similar to antifreeze, Thornton added.

Since Peterson is almost 45 years old, he is expected to live about 32 more years, Traiser said. The state sought a lighter sentence since Peterson is taking responsibility for Darlings death, but the recommended prison time is very near a life sentence, Traiser said.

The prosecutor called it an appropriately stiff sentence. The defense agreed to take the deal.

Traiser also asked for a presentencing investigation to give the judge more information on the case.

Peterson wants to get the show on the road since he knows hes going to prison, Thornton said as the defense requested that Peterson be sentenced Tuesday. In prison, he can participate in programs that are not available at Cass County Jail, where he is being held.

The attorney said it was likely an investigation wouldn't reveal new information, but it would delay him from getting help for alcoholism. Some presentencing investigations can take four or five months, Thornton added.

McCullough said he doubts the investigation will take more than 60 days, but it could assist him in sentencing Peterson.

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28-year sentence recommended in fatal beating at Fargo apartment - INFORUM

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