No, Don Vito did not go to jail for his sexual assault case in any meaningful sense. Vincent “Don Vito” Margera was convicted in October 2007 on two counts of sexual assault on a child and sentenced that December to 10 years to life on probation, not prison.1Denver Post. MTV’s Don Vito Given Probation The only time he spent behind bars was a short hold after his 2006 arrest, before he posted a $50,000 bond.2Westword. Viva La Slammer
What He Was Convicted Of
Margera was arrested on August 18, 2006, at the Colorado Mills mall in Lakewood, Colorado, after an autograph-signing event at the mall’s skate park. Prosecutors alleged he grabbed the breasts and buttocks of three girls, two aged 12 and one aged 14.3Denver Post. Margera Must Give Up Don Vito Character for 10 Years
At trial in Jefferson County District Court, his attorney Pamela Mackey argued the touching was part of his outrageous Viva La Bam character, the behavior that “got the laughs.” The jury rejected that defense on October 31, 2007, convicting him on two of the three counts and acquitting him on the third. He collapsed in the courtroom after the verdict was read.4Denver Post. MTV’s Don Vito Collapses After Sex Assault Conviction
The Sentence: Probation, Not Prison
Each conviction carried a potential prison term of two to six years. On December 20, 2007, Judge M.J. Menendez instead sentenced Margera to 10 years to life on probation. She warned that any violation could convert the sentence into up to life in prison.1Denver Post. MTV’s Don Vito Given Probation
The probation carried roughly 30 conditions. He had to register as a sex offender, enter a specialized sex-offender treatment program, undergo mental health evaluation, complete substance abuse counseling, and accept restrictions on contact with children and on computer use.5Orange County Register. Vincent Margera of MTV’s Viva La Bam Gets Probation for Child Sex Assault Conviction The judge also barred him from portraying “Don Vito” for 10 years, forbidding autograph sessions, television appearances, and books written as the character.3Denver Post. Margera Must Give Up Don Vito Character for 10 Years Since the defense had cast the groping as part of the act, the ban cut off both the behavior and the persona used to excuse it.
The Only Time He Was Locked Up
The brief post-arrest hold in August 2006 is the only custody the available reporting describes. He was booked into jail on the sexual assault charge and released after posting the $50,000 bond.2Westword. Viva La Slammer Nothing in the record indicates he served additional time after conviction.1Denver Post. MTV’s Don Vito Given Probation
The Cocaine Case Did Not Send Him to Prison Either
While free on bond, Margera tested positive for cocaine in 2006, which violated the drug-and-alcohol prohibition in his bail conditions.6Cleveland 19. Vincent Margera Gets 2 Years Probation for Cocaine Possession In August 2007, prosecutors added 12 felony counts for violating bond conditions, each a class 6 felony carrying a combined potential of up to 18 months in prison.7Denver Post. MTV Actor Charged With Violating Bond Terms
He pleaded guilty to violating bond conditions related to the cocaine use. In January 2008 he received two years of probation, ordered to run concurrently with his sexual assault probation.8Orlando Sentinel. Viva La Bam Sidekick Gets Drug Possession Probation No prison time there either.
The Appeal
Margera challenged his convictions in the Colorado Court of Appeals. The court upheld the guilty verdicts in October 2010.9Victoria Advocate. Don Vito Loses Bid to Overturn Colo. Conviction His probation stood.
How the Case Ended
Margera died on the morning of November 15, 2015, at Chester County Hospital in West Chester, Pennsylvania, at age 59. The cause was liver and kidney failure. His sister-in-law April Margera said he had been in and out of the hospital since spring 2015 and had slipped into a coma the previous month.10NBC News. Jackass Star Vincent Don Vito Margera Dies at 59 He was still on probation, not incarcerated, when he died.