(WHAS11) - Prosecutors reached a plea agreement with the man who is accused of beating a 64-year-old man to death earlier this year. Frankie Lee Roberson pleaded guilty in court Tuesday, but not to the murder charge that he was originally indicted for. The agreement means he will spend a maximum of five years behind bars for the death of McOwen Drane. Roberson had originally pleaded not guilty to murder charges. But with the new deal, he agreed to plead guilty to reckless homicide, which means he would face a maximum sentence of five years. "We had to consider a lot of factors in this case," said Commonwealth's Attorney Kristi Gray. "Based on the evidence we had to decide if this was wanton versus reckless conduct." (WHAS11) - Prosecutors reached a plea agreement with the man who is accused of beating a 64-year-old man to death earlier this year. It all stems from an incident that happened March 17, when Roberson got into a fight with Drane at a liquor store on Broadway. Drane had recently been diagnosed with cancer and was taken to the hospital with injuries. He died a day later. "There were a lot of mitigating factors in this case," says Ray Stoess, Roberson's defense attorney. "I have to commend the Commonwealth's attorney. I think this was a fair plea agreement." Drane is the father of local rapper Kevin "K.D." Drane. Prosecutors say the victim's family was consulted about the plea agreement. But some who knew the victim say the punishment isn't enough. "To go and do a 64-year-old man like that, it's wrong," says Victoria Duncan, the victim's ex-girlfriend. "He should be doing more time. And it's that simple." Prosecutors are recommending the maximum penalty of five years with no probation. Defense attorneys say they will argue for probation. A judge will decide at a sentencing hearing scheduled for December 9th.
