Two Change Plea to Guilty in Attempted Murder Case - KXNet.com - Bismarck/Minot/Williston/Dickinson-KXNEWS,ND

Two Change Plea to Guilty in Attempted Murder Case

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Two men charged with attempted murder change their plea to guilty.

Jose Osorio and Kelvin Oviedo were arrested for stabbing Rafael Zayas nine times and beating him with 35 pound dumbbells.

All 3 men were living together at the time.

Jose Osorio will serve seven years for stabbing Rafael Zayas.

His nephew Kelvin Oviedo will only serve one year.

Both pled guilty in court this morning with the help of an interpreter.

Osorio's lawyer says alcohol played a big role in this case, but Judge Haskell wouldn't accept that as an excuse.

"This case obviously involves some extremely brutal and serious behavior. I think blaming that on substance abuse or psychological issues is somewhat of a smoke screen. Given how serious this offense is the courts believes that the recommendation is appropriate," he said.

The attempted murder charge is a Class A felony, with a maximum sentence of 20 years.

Osorio is taking full responsibility for this crime and doesn't want his actions to affect his nephew.

"His involvement in this case as the state has stated is very minimal. He did provide transportation to his uncle Mr. Osorio away from the scene," Attorney Kelsey Gentzkow said.

Oviedo is charged with "hindering law enforcement," a Class A Misdemeanor.

Oviedo is 21 years old and had no criminal record before this.

Both men are facing deportation.

Osorio and Oviedo say they came to America from Honduras to find jobs.

Judge Haskell ordered them both to undergo chemical and psychological evaluation.

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