The Michigan Court of Appeals has upheld Eric Freeman's …
Updated: Friday, 13 Mar 2009, 8:00 PM EDT
Published : Friday, 13 Mar 2009, 10:49 AM EDT
GRAND RAPIDS, Mich. (WOOD) - The defendant showed little emotion.
But two families, one to the right of the defense table, the
other directly behind it, wept as the jury's guilty manslaughter
verdict was read.
After a trial that lasted more than a week, and three days of deliberations, the jury sent Eric Freeman to prison for up to 15 years. Under sentencing guidelines, Freeman would get a minimum of 19 to 38 months behind bars, according to assistant Kent County Prosecutor Chris Becker.
College student Jonathan "Jono" Krystiniak died nearly two weeks
after he was beaten in January 2008 just around the corner from the
now-closed Margarita Grill after one of the bar's now infamous
college nights. The establishment is where alcohol fueled trouble
for local police on a regular basis.
Neither Freeman's family nor Krystiniak's family would talk
after the verdict. Jurors declined comment as well.
But Freeman's attorney Damian Nunzio did talk with jurors after the verdict. That discussion provides some insight into how jurors reached their decision.
The fight involved Krystiniak, one of his friends, and a group of five that included Freeman. In the group of five, all but Freeman pleaded guilty to various charges in connection with the death.
Police say Freeman kicked Krystiniak in the head after he was knocked to the ground from a punch landed by another defendant.
The jury had four choices, convict Freeman of second-degree murder, manslaughter, assault with intent to do great bodily harm, or find him innocent.
The prosecution did not have to prove the kick killed Krystiniak, but that it was part of the overall crime, or the legal element of aiding and abetting.
Nunzio says the jury indicated to him that the kick had nothing to do with their decision. It was the belief that Freeman prevented Krystiniak's friend from coming to his aid after the fight broke out.
Becker disagrees saying he believes it was a combination of all of those factors that lead to the jury's decision.
Either theory was enough to fill the requirements for the aiding and abetting element.
Freeman faces up to 15 years in prison when he is sentenced April 21.
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