Redby man sentenced for sex crime
BEMIDJI—A Redby man who pleaded guilty in December to the use of minors in a sexual performance video must spend 12 days in the Beltrami County Jail.
During a hearing Monday, Richard Dead Derby, 29, received a stayed sentence of two years in prison. This means that, as long as he complies with the conditions of his probation, Derby will not have to spend any time in prison.
But Ninth District Judge Paul Benshoof also sentenced Derby to 36 days in jail. He received credit for the 24 days he spent in jail after his initial arrest.
Derby was charged in January 2017 with one count of use of minors in a sexual performance video and once count of possession of pornographic work involving minors.
According to a criminal complaint against Derby, Beltrami County deputies initially became aware of the videos in October 2016 when they received a report that Derby had tried to kill himself by ingesting a number a drugs and household cleaners.
While responding to the suicide attempt at the 600 block of Spirit Lake Road, deputies learned from Derby's girlfriend that she had found sexual videos of a 5-year-old girl on his smartphone.
Derby pleaded not guilty to both charges in July of 2017, but changed his mind in December and pleaded guilty to the charge of use of minors in a sexual performance video.
The second count—possession of pornographic work involving minors—was dismissed.
In addition to the 12 days he must spend in jail, Derby must undergo sex offender treatment and register as a predatory offender.