Prison Sentence for Crime During a State of Emergency

Marcos Delacruz, 39, of Lehigh Acres, has been adjudicated guilty and sentenced for a crime committed while Hurricane Ian was actively impacting Southwest Florida. The defendant was captured on video breaking into a gas station convenience store and taking several items on September 28, 2022, the day the hurricane made landfall.

The defendant was located and arrested by the Lee County Sheriff’s Office and charged by the State Attorney’s Office with Burglary of a Structure During a State of Emergency, Criminal Mischief (Less than $200) and Petit Theft (Three or More).

Today Delacruz entered an open plea to the court on the charges. Defendants have a right to plea straight to the court for sentencing and give up their right to a jury trial. This is not a plea agreement.

He was sentenced by the Honorable Lee County Circuit Court Judge J. Frank Porter to 6 years in prison followed by 48 months of probation. He was sentenced as a Habitual Felony Offender.

Assistant State Attorney Robert Rodriguez prosecuted the case.

Samantha Syoen – Communications Director, State Attorney’s Office