Yes, delete it. Just because you are able to resister it doesnt mean you can "own" it. The resisters like godaddy are not going to stop you from regging it, they want your $. You have to know these things on your own.
...Prime example of a registrar acting like the "corner pusher" to the "junkie"...
You are supposed to know, but if it isn't deleted in 5 days you're outta dough and the name goes back for the next chump to reg. Registrar is win/win in these types of situations with no liability whatsoever, and it sucks out loud.