FORT WAYNE, Ind. (WPTA21) - A 21-year-old Fort Wayne man who was once accused of murder in connection to a 2016 drug deal learned his sentence in court Friday.
A judge sentenced Devyn Yancey to 16 years in exchange for a guilty plea to aggravated battery in connection to the death of Brian Quintana.
But Yancey won't spend any more time behind bars for the crime.
That's because 14 years and 182 days of his sentence are suspended, four of those years will be spent on probation and one year and 183 days of his sentence are to be served in jail.
Yancey has already served that time behind bars while awaiting his sentence, so he will be released to serve the remainder of his sentence at home.
Yancey had previously been charged with murder, felony murder, and robbery resulting in serious bodily injury, but a hung Allen County jury couldn't reach a unanimous verdict on the murder and the felony murder charges, so a mistrial was declared.
The jury delivered a not guilty verdict on the felony robbery charge.
This acquittal on that felony robbery charge forced Allen County prosecutors to ask the judge to drop the felony murder charge from the case.
As part of the plea agreement, the judge agreed to dismiss the murder charge.
These charges stem from a 2016 shooting when police found Brian Quintana laying in the parking lot of the Woodbridge Apartments in Fort Wayne.
Police said Quintana suffered from a gunshot wound and later died at the hospital.
There is evidence that in August 2016, Yancey and Kevin Hamilton planned to rob Brian Quintana in a drug deal.
Hamilton shot Quintana dead and is doing 74 years for murder.
The Allen County Prosecutor's Office release a statement Friday following the sentencing hearing:
"Since the Defendant was not the shooter, our best opportunity for a conviction was the Felony Murder charge. Given the jury verdict in January we were forced to dismiss that charge. Between the last trial and the recent trial date we fought to put ourselves in the best possible position to win the remaining count. Ultimately given the remaining available evidence we felt that we had a chance to succeed at trial but that there was significant risk in trying the case. We made a strategic decision to enter into this plea.
We hurt for the victim’s family. We spoke to them before the Defendant pled guilty and we cannot imagine what this process has been like for them. We respect and in many ways share their frustration.
Our office charges and tries hard cases. While this result is not what we hoped for when we filed the case, the record shows how hard we fought."Prosecuting Attorney Karen Richards