By: Devin Fry
LAMOURE COUNTY, N.D. (Valley News Live) – A Seattle man is facing attempted murder and other felony charges after McIntosh County Sheriff Steve Delzer was shot and a deputy was struck in the head with a tire jack, according to court documents filed Friday in LaMoure County.
Elkin D. Fontecha Gomez faces three charges stemming from an incident on May 14, 2026:
Attempted Murder (Class A Felony): Prosecutors allege Fontecha Gomez discharged a firearm toward Sheriff Delzer, striking him with a bullet or bullet fragment.
Aggravated Assault (Class B Felony): Fontecha Gomez is accused of striking McIntosh County Sheriff’s Deputy J.O. in the head with a black iron tire jack, causing bodily injury.
Reckless Endangerment (Class B Felony): Prosecutors allege he discharged a firearm toward both the sheriff and the deputy, creating a substantial risk of serious bodily injury or death.
The complaint was filed on May 15, 2026. Prosecutors have also filed a Notice of Special Dangerous Offender, which could significantly increase Fontecha Gomez’s sentence if convicted.
Fontecha Gomez appeared Thursday morning via Zoom from the Stutsman County Corrections Center for a bond hearing before Judge Troy LeFevre. The hearing could not proceed, however, because a Spanish-language interpreter was not available. The court is working to find an interpreter, and the hearing is expected to resume Friday afternoon.
If convicted, Fontecha Gomez faces mandatory minimum prison sentences without the possibility of parole. Under North Dakota law, a conviction on the attempted murder charge while possessing a firearm carries a minimum of four years in prison. The Special Dangerous Offender notice means a judge could sentence him to life imprisonment if the court determines he is an especially dangerous offender due to his use of a firearm.
Additionally, if convicted on the attempted murder or aggravated assault charges, Fontecha Gomez would be required to serve at least 85% of any sentence before becoming eligible for release.
