A Del Rio man charged with burglary of habitation pleaded guilty and received a five-year suspended sentence and community supervision.

Jose Victorino, 18, was also ordered to pay a $1,000 fine and court costs.

Victorino was recently sentenced in the 63rd Judicial District Court by presiding Judge Enrique Fernandez.

The sentence stems from an incident occurring on Sep. 12, 2018 on a house located on Pafford Street, where Del Rio Police Department officers were dispatched in reference to a disturbance, court documents state.

A woman told responding officers Estevan Hernandez and Joseph Toro she had been assaulted by Victorino, who departed the site on foot and headed west, the case report states.

The woman said Victorino had a criminal trespass warning for the residence, and she wished to pursue charges. Police officers began searching for the suspect, who was known to live at the 400 block of South Griner Street.

Officer Hernandez asked the woman to explain the events leading up to the arrival of the police, the report states.

The woman said she was asleep in her residence when she was awoken by Victorino, who had entered the house through an unsecured window, the report states.

A second woman and Victorino got into an argument, and more people within the household got involved advising Victorino he was trespassing and he had to leave. Victorino refused to leave, became upset and a physical confrontation between Victorino and a man ensued, the report states.

A woman took a kitchen knife, which Victorino tried to wrestle away from her, until Victorino and the man exited through the back door.

Police officers canvassed the area and located Victorino outside his residence. He was arrested and charged with burglary of a habitation with intention to commit assault.

As part of his plea deal Victorino was ordered to pay a $1,000 fine, $328 in court costs, $650 for his court-appointed counsel and $100 for the lab analysis fee for a total of $2,078.

Victorino was also ordered to perform 240 hours of community service restitution at an approved charitable organization among other conditions.

The case was prosecuted by 63rd and 83rd Judicial Districts District Attorney Mike Bagley.

“I am trying to be fair with this individual in giving probation as the plea agreement, but I will revoke it and try to send him to prison if he violates his terms and conditions of the probation,” Bagley said.

“My office wants to thank all the law enforcement officers involved in the resolution of this case. It is the judge’s decision to send him to prison and for what amount of time as long as it does not exceed five years or is less than two years. He can also extend his probation with other conditions if he wants to do so,” Bagley said.

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