HUNTINGTON, W.Va. — The Charleston man charged in the death of former Marshall University football player Donte Newsome entered a Kennedy Plea Tuesday and now awaits sentencing on a voluntary manslaughter conviction.
Jarel Garner, 32, was convicted once for the 2008 shooting of Newsome outside a Huntington bar but the state Supreme Court threw out the 2010 conviction because of errors by the trial judge and ordered a new trial. Garner’s plea Tuesday avoids a second trial.
Garner did not plead guilty under the Kennedy Plea option but will accept the sentence of a conviction on the felony charge. He could be sent to prison for 3-15 years but Garner has already served five years behind bars which will be considered at his Nov. 3 sentencing.
Newsome’s father Bruce Smith spoke with WSAZ-TV after Tuesday’s plea.
“You say why we are back here? At that point we lost confidence and we are terrified to put this in the hands of the system so we have put it in our hands to have some say over it. We haven’t been treated right and all due respect to the system I’m not very happy,” said Smith.
The Mason County Prosecutor’s Office handled Tuesday’s plea after the Smith’s requested another county handle the case.
Donte Newsome played at Marshall from 2002-2005.