At the Edgartown Courthouse on Monday, a man who was involved in a fight outside the Ritz Cafe in Oak Bluffs that resulted in the victim being permanently blinded in one eye, will serve six months at the Dukes County House of Corrections.
Devante Santiago, 31, pleaded guilty in Dukes County Superior Court on Monday for all of his indictments, including vandalizing property, intimidating a witness, disorderly conduct, assault and battery causing serious bodily injury, and assault and battery with a dangerous weapon.
After Santiago, who previously pleaded not guilty, changed his plea, Superior Court Judge Maureen Hogan walked him through a plea colloquy, a process that ensures a defendant is willingly, knowingly changing their plea. But before she sentenced Santiago, Robb Moriarty, the local defense attorney representing Santiago, made an earnest statement about his client’s character, and made a recommendation for his sentencing, followed by an apology by Santiago.
Moriarty highlighted that Santiago had accepted responsibility for his actions and shown remorse since he was arraigned in June 2024. This is also his first violent offense and Moriarty said Santiago has followed all conditions.
Moriarty recommended that Santiago receive a three year sentence at the house of corrections suspended over a one year probationary period. Under that decision, Santiago wouldn’t have served any jail time, but would have had a three year sentence imposed if he failed to follow all probationary conditions.
Santiago also apologized for his actions from the incident that occurred in 2024 outside the Ritz Cafe, and said his actions that night were fueled by his father’s death.
“That night was probably the worst night of my life. I was trying to drink to get away and ignore what was happening in my life. I was watching my father die,” said Santiago in the courthouse.
Santiago also said that he had not ingested any alcohol or drugs since that night.
Judge Hogan said she recognized all of the efforts Santiago has made to reconcile the damage he has done by following his conditions and showing remorse since the beginning of his arraignments in 2024 in district and superior courts. But Hogan said jail time was justified.
During the 2024 incident, witnesses saw Santiago stomping on the victim’s head after he fell to the ground.
“I have watched the video so many times I understand the fight, I understand the punch, but I don’t understand the stomp,” said Hogan on Monday. “Punishment by incarceration is still needed because the public needs to understand that there is some real punishment for what happened.”
Ultimately, Judge Hogan sentenced Santiago to a split sentence at the house of corrections of two years and six months, with a three year probationary period. This means Santiago will serve six months in the house of corrections, then begin his three year probationary period. If he violates any conditions during the three year period, he will be sent back to the house of corrections to serve the remaining two years.
Judge Hogan also previously sentenced Frank Mogavero in December to one year in jail. While Mogavero and Santiago were sentenced separately, both of their crimes stem from the same incident that occurred in 2024. Mogavero was also seen in a video from that night, punching the victim as he lay motionless on the ground.
“I can’t bring his sight back but I can give him some justice,” said Hogan in the courtroom on Monday.