Delinquent support pay earns man prison time

COLUMBUS -- A 44-year-old Columbus man who “pathetically failed” in his last chance to catch up on a stack of unpaid child support bills was sentenced to 18 months to four years in prison in Platte County District Court.

District Judge Robert Steinke told Richard Delancey Wednesday he had “pathetically failed to comply with the terms of his probation” while sentencing the defendant to prison for his summer 2007 convictions on four counts of criminal nonsupport.

Steinke on Wednesday revoked the four-year probation sentence he imposed last summer against Delancey in what the judge at the time promised would be the defendant’s last chance to avoid a prison cell.

“While you don’t take the terms of your probation seriously, I do,’’ Steinke told Delancey, standing before him in front of the bench. “I gave you the opportunity to change your life ... it simply has not worked. The court is without any option. You have to be held accountable.”

Criminal nonsupport is a Class IV felony, punishable by a maximum of five years imprisonment, $10,000 fine or both and no minimum sentence.

Steinke said Delancey had been negligent in following the terms of his probation since last summer, missing support payments, skipping drug-testing appointments and having more brushes with law enforcement authorities.

The defendant, who began working for a Columbus company last fall, failed to make a support payment until April, was a “no show” for urinalysis tests and was arrested for driving under the influence and driving under suspension a couple of times.

Steinke was dubious of Delancey’s recent payment history during Wednesday’s sentencing hearing.

“You have no problem finding the financial resources to buy drugs,’’ the judge told the defendant. “The sad fact is you’re working today (and making payments) because you think it might save your hide from imprisonment. Your problems require a structured correctional setting.”

Delancey pleaded guilty last July to four counts of criminal nonsupport of three children in violation of a 1999 child support order.

In return for his guilty pleas, the Platte County Attorney's Office dismissed eight other counts of criminal nonsupport. Delancey, according to the district court clerk’s office records last summer, had not made his $669 monthly payment since April 2006.

The district court office’s records indicated the defendant was behind by $25,918 on his support payments through December 2006. He has fallen further behind on his payments during the last 18 months.

At Wednesday’s hearing, Public Defender Sam Bethune said the defendant has been trapped in a cycle of growing debt and stints behind bars on contempt charges for nonpayment since falling behind in his support payments.

He described a situation in which Delancey gets a job, but before he can put enough money together to resume his support payments, a court cites him for civil contempt and issues a warrant for his arrest.

“It’s a vicious cycle ... something we should try to avoid,’’ said Bethune in arguing for keeping his client on probation.