Teen murder suspect offered plea deal

A teenage murder suspect faces six to 25 years in prison under a plea deal submitted to a judge Wednesday over the objections of the victim’s family.

Eric Manly, 16, pleaded guilty to second-degree murder committed in the heat of passion in the Nov. 21 shooting death of 19-year-old Jack Smith. In exchange, prosecutors agreed to dismiss other charges against him, including attempted murder.

Under the proposed deal, 4th Judicial District Judge David L. Shakes has two options for sentencing.

If the judge decides to sentence Manly to the state Department of Corrections, the teenager would serve between 10 and 25 years.

However, the judge also can sentence Manly to the Youthful Offender System, a state prison for juvenile offenders. If that happens, Manly would agree to the six-year maximum at the Pueblo facility and a suspended sentence of up to 32 years. The suspended sentence would be dismissed if Manly completed the six years without getting into trouble.

If the judge accepts the deal, Manly will learn be sentenced Sept. 21.

Prosecutor Laurel Huston said prosecutors will request the 25-year maximum.

In Colorado, a legal finding of “heat of passion” means a crime was committed after a “serious and highly provoking act” by the intended victim, reducing the potential penalty for second-degree murder.

Smith was shot to death about 2 a.m. as an alcohol-fueled west-side party died down at Manly’s home in the 900 block of South 25th Street.

In recounting the crime, Manly, who wore a light blue jail jumpsuit, told Shakes the shooting happened after a fight with Smith and his friend.

Manly said he was kicked in the face repeatedly, with enough force to knock out teeth. Smith and the second man, Cody Burns, were still fighting with one of Manly’s friends when the teenager went into his house and grabbed a handgun he had stolen from his mother’s boyfriend, Manly said.

Manly said he fired a warning shot and told Smith to halt while pointing the gun at him, but Smith kept coming toward him.

The fight started when Manly’s friend overheard Smith and Burns call the party “gay.” Manly said his friend shouted “fags” in return.

Huston did not dispute Manly’s account, though she said additional evidence would be presented when prosecutors argue for the maximum sentence.

The victim’s father, John J. Smith, has called the deal a “slap on the wrist” for Manly, who he says attacked his son without cause. Smith delivered a letter to Shakes’ chambers Tuesday claiming prosecutors said they were driven to the bargaining table out of fears the judge is soft on juvenile crime. Smith did not attend Wednesday’s hearing.

A court bailiff evacuated the courtroom one side at a time — ushering out the victim’s family before escorting the defendant’s — although there were no outward signs of hostility.

Attorneys on both sides declined to comment afterward, saying they are not at liberty to discuss the deal until the judge decides whether to accept it.

-

Call the writer at 636-0366.