Shooting suspect pleads guilty

By KURT NESBITT

Journal Staff Writer

REDWOOD FALLS -- A Minneapolis man accused of participating in the fatal shooting of two men outside a house party here this summer, struck a plea bargain with prosectors on the day before he was supposed to stand trial.

The man, Todd Benjamin Skipintheday, 24, was charged in the shooting deaths of Jarvis Joseph Wabasha, 27, of Morton, and Michael Lewis O'Brien of Redwood Falls on July 12.

The shooting is said to have happened as the result of a dispute between one of the suspects and one of the victims, who were allegedly flashing gang hand signs at each other. Wabasha and O'Brien later died at a Twin Cities hospital and a third victim, Hunter Parker, 31, of Morton, was injured.

Skipintheday could see up to 20 years in prison for aiding after-the-fact first-degree murder and aiding-after-the-fact second-degree murder and aiding after-the fact first degree assault for the benefit of a gang, said Redwood County Attorney Michelle Dietrich.

Skipintheday was indicted with fellow suspects Itanca Henry, 26, of New Hope, and James Cletius Mata, 31, of Minneapolis, on 13 felony counts stemming from an investigation into the shooting.

The three men were arrested near the Lower Sioux Indian Community about 20 minutes after the shooting took place. A Lower Sioux tribal police officer had seen their car driving with a flat rear tire. Court documents allege that officer saw two handguns inside the car.

Prosecutors initially claimed Skipintheday helped conceal evidence at the scene of his arrest by urinating on his finger and telling the driver of the car, a woman, "You didn't see anything, right?" but ultimately charged that Skipintheday was directly involved with the shooting.

Defense attorney Louis Kuchera had asked the court to order prosecutors to clarify the charges against Skipintheday during pre-trial motions made on Tuesday. The plea bargain was struck later that day.

"In theory, you could walk away or roll the dice," said Kuchera. "It's 'all-or-nothing' and it's really an individual's choice. In his final analysis, Mr. Skipintheday chose to take the deal."

The plea agreement dismisses all but three charges against Skipintheday. Currently, probation agents are working on a pre-sentence investigation, which will likely recommend a sentence based on Skipintheday's prior criminal record. Redwood County District Judge David Peterson will have the final word on how serious the charges are, since they do not already have rankings. Kuchera said he expects a sentencing within one to 1 1/2 months.

Dietrich said maximum sentences are 20 years in jail, 10 years in jail and 12 1/2 years in jail respectively.

The plea agreement was reached hours after attorneys for both sides of the case made pre-trial requests to the court. Among those requests were permission to use a prior conviction for illegal firearms possession against Skipintheday during the trial and for the court to allow expert testimony from a member of the Minnesota Gang Strike Force. Both motions were brought by the prosecution.

Kuchera said he asked the court for more clarification of the counts in the indictment and to suppress parts of an interview where one of the interviewing witnesses gave his opinion of Skipintheday's answers.