News : Jeffrey Dively found Guilty in 14 charges against him

Jeffrey Diveley being escorted to the Benton County Jail

The second member of a Shellsburg couple was found guilty in the Benton County Courtroom this week following a week-long jury trial. Jeffrey and Stacy Diveley of Shellsburg faced numerous charges between the two of them in the abuse of children. Their first trials or over, with another still on the books. 

Recap:

Stacy Diveley

Stacy was found guilty of six charges of child endangerment, four were aggravated misdemeanors, two of the charges included bodily injury, and was a Class D Felony. She remains free on appeal.

Jeffrey Diveley

Jeffrey faced a jury trial last week on 14 counts against him.

Following a week of testimony by both victims and professionals involved with the case, Jeffrey Diveley was found guilty on all 14 charges, some with a lesser charge. The charges involved sexual abuse against children as well as assault with intent to commit sexual abuse, and lascivious acts with a child.

The two victims testified sharing the dastardly actions that had been taken against them by Diveley. The two were resolute in their emotional testimony. The final jury was made up of 9 men and 3 women. 

Testimony was grim as the victims laid out the actions taken by Diveley. According to the victims part of his control was in the form of withholding privileges if they failed to cooperate with his advances to sexually abusing his victims. Without sharing with the other, both sets of testimony shared almost identical scenarios with the younger victim describing incidents that had escalated in nature in actions against them.

Part of the evidence in the case could not be shared with jurors which included text messages between the Diveley couple in which the accusations of sexual abuse were confirmed by the wife. The evidence would fall into the "hearsay" category as his wife didn't testify. On the record testimony, their mother when confronted about the abuse failed to protect the children, instead blaming them for the abuse.

Officials were able to retrieve searches made on Diveley's phone which included, how to test sperm count in men and information about the Plan B pill. As part of the abuse Diveley forced at least one of his victims to take Plan B, a medication that would cause an abortion should they have been impregnated by Diveley.

Another of the searches on his phone asked how child sexual abusers are treated in prison. This search was done by Diveley before being confronted by police. Diveley will now be able to find the answer.

He will serve time in the Benton County Jail, until sentencing in February.

Below are the original charges. An asterisk indicates a lower charge with the new charge indicated. Four of the charges, 9-11 and 13 made the defendant unbailable.

1 Sexual Abuse in the 2nd Degree, a Class B Felony *assault

2 Sexual Abuse 3rd Degree, a Class C Felony *assault

3 Sexual Abuse 3rd Degree, a Class C Felony *assault

4 Sexual Abuse 3rd Degree, a Class C Felony *assault

5 Lascivious Acts with a child, a Class C Felony

6 Sexual Abuse 3rd Degree, a Class A Felony, Second Offense *assault

7 Assault with intent to commit sexual abuse, aggravated misdemeanor

8 Sexual Abuse in the 2nd Degree, a Class B Felony *assault

9 Sexual Abuse in the 3rd Degree, child victim, a Class C Felony

10 Sexual Abuse in the 3rd Degree, child victim, a Class C Felony

11 Sexual Abuse in the 3rd Degree, child victim, a Class C Felony

12 Lascivious Acts with a Child, a Class C Felony

13 Sexual Abuse, 3rd Degree, child victim, a Class C Felony

14 Assault with intent to commit sexual abuse, aggravated misdemeanor

Diveley was handcuffed and taken immediately into custody. He could be heard complaining that he didn't understand what was happening as he left the courtroom. 

Sentencing is tentatively set for February 7, 2025 at 1:30 pm.

Future Case

The Diveley couple was also arrested on another set of charges involving another child. That case is scheduled for February 10, 2024.

In the second arrest. Jeffrey is facing five charges which include:

Child Endangerment with bodily injury, a Class D Felony

Four charges of Lascivious Acts with a Child, a Class C Felony.

Stacy also faces nearly the same charges:

Child Endangerment, an aggravated misdemeanor

Four counts of Lascivious acts with a child, a Class C Felony