Contributed photo/Grant County Corrections
A plea agreement has been reached in the case of the John Day man accused of shooting and killing a neighbor near Dog Creek Road and Marysville Road on Aug. 24, 2017.
Following a May 25 settlement conference, Thomas Joseph Elliott pleaded guilty to the amended charges of criminally negligent homicide with a firearm and unlawful use of a firearm. Sentencing is scheduled for 10:30 a.m. June 26.
Elliott had been charged with first-degree manslaughter, a class A felony, in the shooting death of Todd Alan Berry. The criminally negligent homicide charge, a class B felony, carries a maximum penalty of 15 years in prison and a $325,000 fine.
According to Elliott’s petition to enter a plea of guilty, the state and defense will jointly recommend a 60-month sentence for the homicide charge, with credit for time served and eligibility for good-time reduction. He may also request a sentence reduction to 48 months.
The recommended sentence also includes three years of post-prison supervision and $16,405 in restitution. The sentence for the homicide charge would be concurrent with the unlawful use of a firearm charge.
Earlier on May 2, Grant County Circuit Court Judge William D. Cramer Jr. granted Elliott’s motion to suppress statements made after he was taken into custody.
Cramer ruled that “after unequivocally invoking his right to remain silent, defendant did not initiate further conversation of the crime being investigated, rather it was the officer who made statements that continued the investigation, and that defendant did not evince and intend to continue the interview as to subject of the investigation.”