“There’s not a valid defense to be made in this case,” said Mark Meyer, Pelzl's attorney.
When Pelzl first went to court, his lawyer at the time, Jason Butts, requested a psychological evaluation, to consider possible need for treatment, such as anger management and psychiatric care. While specific details of the psychological report are privileged, what it revealed only raised greater concerns about Pelzl's state for Southeast District Judge Richard Grosz. He specifically thought Pelzl showed a high likelihood for recidivism, describing him as “a ticking time bomb.”
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“It’s going to take a full year before I can trust Mr. Pelzl, because he can fake (signs of improvement) with this diagnosis,” said Grosz.
The attack was the climax of a rift that had begun days before when Pelzl, who lives with his father, Ron, in his trailer home in Wahpeton, accidentally deleted Justin’s files from the computer, he claimed.
In retaliation, Justin deleted files from Pelzl’s computer. Their feud came to a head when Justin arrived uninvited at his father’s trailer home that night, when Pelzl was having a party with friends. Justin refused to leave and Pelzl attacked his brother. Wahpeton police responded and arrested Pelzl. Justin was taken to the hospital for care where he received several stitches on his head, but suffered no damage or loss of function. His medical bills totaled $458.
This was Pelzl’s first allegation of assault and his first violent episode, however. The only other charges on his record were fleeing from an officer, disorderly conduct and a history of drug and alcohol abuse.
Having already served 164 days in the Richland County Jail, Grosz sentenced Pelzl to one year and 164 days, with a serving time of exactly one year.
The wording of this sentence allows Pelzl to stay at Richland County Jail.
If the sentence had been one day more, the law would demand Pelzl instead be sent to the state penitentiary.
In addition to this sentence, Pelzl received five years supervised probation, beginning immediately, and was required to undertake anger management, chemical dependency evaluation, and regularly visit a psychiatrist.
Grosz made it clear that work release and community service would not be considered in substitution, in light of the findings of his evaluation. Pelzl was also forbidden from having any contact or communication with his brother.
“Danny had a tough upbringing," said Meyer after court. "He's had alcohol and drug issues, but not a history of violence. I thought the judge made a good decision in building in certain safeguards because he definitely knows if he does anything wrong he'll go to the penitentiary for five years, time less served. It's the best option for all concerned."
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