Repeated assaults land man lengthy prison sentence
A Warren man will spend over five years in state prison for multiple assaults, including a foiled 2019 methamphetamine robbery attempt.
Derrick A. Shirley was sentenced on Friday by Judge Gregory Hammond to charges at three dockets.
The most serious incident occurred on Oct. 14, 2019.
Police were dispatched to the Kwik Fill on Hickory St. for a report “of a female that had been cut during a robbery.”
“Derrick Shirley advised they had knowledge that she had just went to get drugs so they planned on stealing it from her,” police allege in the affidavit.
“Derrick Shirely advised that when he got home (the victim) was in the basement injecting meth into her neck” and “advised that he woke up (Brandon Shirley, a co-conspirator) and after a few minutes they carried out their plan to attempt to steal the drugs.”
Derrick Shirley continued to tell police, according to the affidavit, “that he grabbed a baseball bat in an attempt to intimidate (the victim) into giving them the drugs. Derrick Shirley advised that (the victim) pulled a knife which they didn’t plan for” and that the victim “threw a ‘nug’ – marijuana – and a little bit of meth at him and he was done at this point.
“Derrick Shirley advised that (Brandon Shirley) then grabbed the bag (the victim) was carrying in another attempt to steal the drugs. Derrick Shirley advised this was also a failed attempt.”
The day before — Oct. 13 — Shirley was involved in a fight in the parking lot at Fat Daddy’s in Warren, according to his attorney, Tyler Lindquist.
The third assault occurred in January of this year.
Lindquist said his client has a mental health and drug and alcohol abuse history.
Acknowledging that his client’s prior record score is that of a repeat felon, Lindquist asked that the simple assault charges from the fight in the parking lot run concurrently since they occurred as part of the same incident.
Lindquist said his client has taken responsibility for these offenses and said he hopes that Shirley will take advantage of his sentence to work on his issues.
Assistant District Attorney Tatiana Malys said the simple assault charges should not run concurrently because each offense is for an assault against a different victim.
Hammond said the report on Shirley’s 417 days in the county jail is one of the longest he’s seen due to repeated misconducts.
He agreed there is likely a mental health component but reminded Shirley “you are a repeat felon. You certainly have earned that.”
Hammond said Shirley’s record shows that anyone that stands in his way of drugs stands to be assaulted or terrorized.
“(I’m) not in the habit of giving volume discounts,” he said of the multiple counts of simple assault from the parking lot incident.
Hammond then sentenced Shirley to 30 months to 60 months incarceration in state prison, $1,375 in fines and fees, to undergo drug and alcohol and mental health evaluations and comply with recommendations, a no contact/no trespass order and submission of a DNA sample on a count of conspiracy to commit robbery. He was given credit for 417 days time served.
For the parking lot fight, Shirley was sentenced to 12 to 24 months incarceration on each of three counts of simple assault with fines and fees totalling $1,625. No contact/no trespass orders were also issued with each count.
For the January incident, Shirley was also sentenced to 12 months to 24 months incarceration with a no contact/no trespass order on a count of simple assault.





