Shawn Delancey, 36, was sentenced in a packed courtroom on Friday morning for the death of 3-year-old Mahlon Pollard, who died in March 2023 after being severely shaken while in Delancey’s care. The punishment brought Mahlon’s family face-to-face with the guy who caused their tragedy.
Delancey was sentenced to 15 years in jail for abuse of a juvenile and 10 years for second-degree manslaughter, with the sentences to run consecutively. He was also ordered to pay restitution of $19,843.16 for funeral and headstone expenses.
Mahlon’s relatives, especially his mother, Ashley Pollard, addressed in court with rage and anguish.
“When I got a text from Shawn that day, that was by far the scariest moment of my life,” Pollard remembered. “We gave you a home and took you in when no one else would, and now you can’t look me in the eyes. You took a piece of me and my entire family.”
Delancey was arrested in April 2023 after investigators determined that he had fatally shaken Mahlon while attempting to quiet him. According to an arrest affidavit, Delancey claimed the boy had been agitated and acting out in the bathtub before grabbing him by the chest and shaking him. Mahlon died after a catastrophic brain injury at a hospital in Sioux Falls.
Pollard spoke out on Friday morning about the pain she felt after learning that her kid might not live.
“The surgeon came out way too soon from surgery and told me he wouldn’t make it through the night,” Pollard recalls. “We were prolonging the inevitable because we weren’t ready to let go.”
Delancey originally informed investigators that Mahlon had struck his head against a wall, but later admitted to shaking the youngster. His defense counsel, Chris Nipe, asked for a lower sentence, claiming that Delancey acted out of panic and remorse rather than malice.
“There was no bad intent,” Nipe claimed. “Mr. Delancey was concerned and sobbed during the occurrence. This was not an intended action.”
However, prosecutor Lindsey Quasney reminded the court that Delancey acted recklessly.
“Mr. Delancey was the adult. “He had a choice that day,” Quasney explained. “His violent act took the life of a child, robbing this family of so many future memories.”
The Pollard family’s emotional distress was palpable throughout the sentencing process. Pollard discussed the long-term impact on her family, especially their 12-year-old son, who has battled with the loss.
“He misses Mahlon so much, he wants to be with him,” Pollard added.
Throughout the hearing, Delancey displayed no emotion, refusing to make eye contact with the victim’s family. When allowed to reply, he simply replied, “Sorry.”
Judge Giles issued the sentence and ordered compensation based on the victim impact statements, which is unusual in this type of criminal case. Delancey has received credit for 605 days previously served in jail.
After the sentence was handed down, Quasney stated that the family would never see the future that was robbed from them.
“There are a lot of never-willers now. “He’ll never get to do this or that,” Quasney remarked.
