Judge sentences man convicted in Schnitzelberg homicide to 5 years

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by Amy Stallings

WHAS11.com

Posted on August 7, 2013 at 9:57 AM

Updated Wednesday, Aug 7 at 4:50 PM

LOUISVILLE, Ky. (WHAS11) -- A Louisville man was sentenced to five years in prison Wednesday for reckless homicide in connection to the death of Donald Smith Jr.

Gary Muncy made an agreement and pleaded guilty to the charge in May.

Before Muncy was escorted to prison on Wednesday, the victim’s mother made an emotional statement to the court.

“To see all the blood coming out of his head and looking into his eyes and knowing that he was not there, that was the worst memory of my life,” Carol Smith, the mother of Donald, said. “It consumes me every day.”

Smith spoke tearfully to the court describing her only son after he was killed. Donald was sucker-punched during the Schnitzelberg Walk in the Germantown neighborhood of Louisville in 2011. The injury Smith received from the single punch was enough to kill him.

Muncy did not speak to the court on Wednesday, but his attorney said the 37-year-old body builder was sorry for what he had done. He claimed his client is not a danger to society, which was an effort to persuade the judge to grand Muncy probation.

“I’ve never seen a criminal risk score perfect,” David Lambertus, Muncy’s attorney, said. “There’s zeros for every one of the factors.”

Judge McKay Chauvin also said he had never seen a perfect score. But that was not enough for Chauvin to grant Muncy probation.

“I think that all the young people that go around hitting, they need to learn there’s a consequence for what they do,” Carol Smith, said. “I’m here to seek justice in the name of my son.”

Smith says she is satisfied with Wednesday’s sentencing and wants to see Muncy spend the entire five years behind bars. But, Muncy will be eligible for shock probation in 30 days.


 

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