Man sentenced to 21 months in Albert Lea stabbing case

Published 2:54 pm Wednesday, July 5, 2023

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A Minneapolis man was sentenced to 21 months in prison Wednesday for stabbing another man in the neck in November in Albert Lea.

Rio Acosta

Rio Santiago Acosta, 25, in May pleaded guilty to second-degree assault with a dangerous weapon tied to the case.

Court documents state Acosta stabbed the man from behind in a house on Pearl Street with a hunting knife that was about 3 to 3 1/2 inches long, as Acosta’s brother, who was also in the kitchen, washed dishes. The brother reportedly grabbed Acosta and took the knife away.

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Acosta’s mother told police that earlier in the day, the brother had to pull Acosta off of her to break up an assault. After that incident, her boyfriend reportedly spoke with Acosta, and Acosta left the residence. Later in the day, her boyfriend was seated in the kitchen of the house on Pearl Street preparing a sandwich when Acosta reportedly came into the house and approached him from behind. Acosta didn’t say anything, and her boyfriend didn’t see Acosta as he approached.

Acosta reportedly fled the area on foot, tried to get into a vehicle and at one point also knocked on the door of a residence on St. John Avenue. He was taken into custody a short while later in the 1200 block of St. John Avenue.

Minnesota sentencing guidelines called for a presumptive commitment to prison of 33 months; however, an agreement between the prosecution and the state stated a durational departure to 21 months was appropriate in the case, citing Acosta’s remorse, his state of mind at the time of the offense and the lack of serious physical injuries, according to a motion filed with the court from Acosta’s lawyer.

The defense also argued for a probationary sentence, referencing Acosta’s cooperation in court, his support from family and friends, him taking responsibility for his actions and his age.

His lawyer said Acosta hopes to enter into treatment but was unable to do so previously because of the bail conditions.

Acosta will receive credit for 238 days already spent in jail since his arrest.

He will serve his time at the prison in St. Cloud.