Sentencing will occur after special testimony in Nevada County murder case | TheUnion.com

Sentencing will occur after special testimony in Nevada County murder case

Daniel Devencenzi, once facing a murder charge in connection with the fatal shooting of a marijuana grow caretaker, might only have between a year or two to live, authorities said Tuesday.

Attorneys have known for months that Devencenzi, 33, had cancer. His medical condition led to shortened or postponed court hearings in the murder case involving him, Nathan Philbrook, 34, and Finley Fultz, 28.

Earlier this month Devencenzi's condition led attorneys to schedule an Aug. 1 hearing. At that hearing authorities will record his testimony, which could be shown to jurors during Fultz's murder trial if Devencenzi can't appear.

"As we've moved forward, we've gotten more and more information on his medical condition," Assistant District Attorney Chris Walsh said.

Devencenzi and Philbrook in April pleaded guilty to manslaughter in connection with the 2014 death of Isaac Zafft. Murder charges against them were dropped.

A Nevada County Superior Court judge last week sentenced Philbrook to 23 years in prison. Expecting 11 years in prison, Devencenzi's sentencing was set for Tuesday.

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Judge Tom Anderson on Tuesday cited Devencenzi's medical issue as the reason for delaying his sentencing. His defense attorney, Kenneth Tribby, that day asked the judge to delay scheduling that sentencing until after his client testifies Aug. 1.

Anderson agreed, and the hearing adjourned.

Authorities initially accused Fultz, Philbrook and Devencenzi of intending on July 7, 2014, to rob a Penn Valley pot grow. Zafft was fatally shot.

The three men in 2016 were accused in connection with Zafft's death.

To contact Staff Writer Alan Riquelmy, email ariquelmy@theunion.com or call 530-477-4239.

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