Former UNK football player makes plea deal in assault case

KEARNEY, Neb. — A former Nebraska-Kearney football player accused of assault is making a plea deal.

23-year-old Xavier Delk pleaded no contest on Monday to third-degree assault. He was originally charged with first-degree assault. By making the deal, Delk avoids a jury trial, which was scheduled for next week.

The charge dates back to an outbreak of violence at a party near the UNK campus on May 14. Documents containing specific details about Delk’s involvement were sealed by the court, but police say shots were fired and a man was stabbed during the incident. In court documents, police said 19-year-old Marvin Zuniga used a “dangerous instrument” to injure Delk. Zuniga has pleaded not guilty to a second-degree assault charge and is due in court for a hearing on Friday.

Delk was a wide receiver for the Lopers and graduated in May. He had one year of eligibility remaining when the incident happened. He was not on the team roster in the fall and is not on the roster this spring.

Delk spent more than a month in jail over the summer before posting bond. In court documents, the State said it will not oppose a time-served jail sentence. Third-degree assault is a class l misdemeanor and does not have a minimum sentence. The maximum sentence is a year in prison. His sentencing hearing is scheduled for Feb. 28.