A state report could play a key role in how much time a Bowling Green man who was convicted in a deadly fight spends behind bars.
As the Courier-Post first reported online Thursday, a Lincoln County jury found 37-year-old Tommy L. Harrison guilty of involuntary manslaughter in the Sept. 15, 2008, beating death Richard L. “Skip” Marshall an alley behind 415 Virginia in Louisiana.
He originally was charged with second-degree murder, for which a conviction carries a prison term of up to 30 years.
As it stands, Harrison could be fined or given up to seven years in the pen. Sentencing is at 1:30 p.m. April 19 at the Lincoln County Justice Center in Troy, where the case was moved on a change of venue from Pike County.
Before Harrison returns to court, he will be evaluated by the Missouri Department of Probation and Parole in what is called a pre-sentence report.
The report will be designed to help Judge Dan Dildine weigh the circumstances of the crime, Harrison’s criminal record and the defendant’s background before making a decision.
Assessments are made for offenses, drug use, risk to the community if the offender is freed and other factors.
Judges can ask for specific questions to be answered. They do not have to follow the recommendations, but often use them as a guide. The process takes four to six weeks.
“The guidelines are based on sentencing averages over the previous year, so the guidelines are based on actual cases,” said Scott Johnston, chief state supervisor for the probation board, which has 1,200 officers across the state.
Although each case is unique, the board will “provide judges with what other judges have done in the past in similar cases,” Johnston said.
Harrison has a conviction for possession of cocaine. He was dating the daughter of Marshall’s common-law wife, Leette “Bo” Smith, at the time of the crime.
The defense claimed Harrison was only defending himself when Marshall came at him with a baseball bat. The prosecution argued that Harrison’s action went beyond self-defense.
The case was complicated because while some witnesses saw bits of the fight, no one actually saw Harrison hit Marshall with the bat.
The fight had racial overtones because witnesses said the victim had threatened Harrison before the encounter and had used racial slurs against him. Harrison is black and Marshall was white.
Smith said she had hoped for a much longer sentence, and was upset that the man she knew better than most was portrayed during the trial as an ogre.
One witness during the trial said she heard Marshall threaten to kill Harrison two days before the fight. In an interview, Smith said that on the same day, Marshall saved a friend from drowning.
“There was a lot of good in the man,” Smith said. “If you was in trouble, he’d be the first one there to help you.”
Harrison was returned to the Pike County Jail in Bowling Green, where he has spent the last 17 months and will continue to live until sentencing.
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A state report could play a key role in how much time a Bowling Green man who was convicted in a deadly fight spends behind bars.
As the Courier-Post first reported online Thursday, a Lincoln County jury found 37-year-old Tommy L. Harrison guilty of involuntary manslaughter in the Sept. 15, 2008, beating death Richard L. “Skip” Marshall an alley behind 415 Virginia in Louisiana.
He originally was charged with second-degree murder, for which a conviction carries a prison term of up to 30 years.
As it stands, Harrison could be fined or given up to seven years in the pen. Sentencing is at 1:30 p.m. April 19 at the Lincoln County Justice Center in Troy, where the case was moved on a change of venue from Pike County.
Before Harrison returns to court, he will be evaluated by the Missouri Department of Probation and Parole in what is called a pre-sentence report.
The report will be designed to help Judge Dan Dildine weigh the circumstances of the crime, Harrison’s criminal record and the defendant’s background before making a decision.
Assessments are made for offenses, drug use, risk to the community if the offender is freed and other factors.
Judges can ask for specific questions to be answered. They do not have to follow the recommendations, but often use them as a guide. The process takes four to six weeks.
“The guidelines are based on sentencing averages over the previous year, so the guidelines are based on actual cases,” said Scott Johnston, chief state supervisor for the probation board, which has 1,200 officers across the state.
Although each case is unique, the board will “provide judges with what other judges have done in the past in similar cases,” Johnston said.
Harrison has a conviction for possession of cocaine. He was dating the daughter of Marshall’s common-law wife, Leette “Bo” Smith, at the time of the crime.
The defense claimed Harrison was only defending himself when Marshall came at him with a baseball bat. The prosecution argued that Harrison’s action went beyond self-defense.
The case was complicated because while some witnesses saw bits of the fight, no one actually saw Harrison hit Marshall with the bat.
The fight had racial overtones because witnesses said the victim had threatened Harrison before the encounter and had used racial slurs against him. Harrison is black and Marshall was white.
Smith said she had hoped for a much longer sentence, and was upset that the man she knew better than most was portrayed during the trial as an ogre.
One witness during the trial said she heard Marshall threaten to kill Harrison two days before the fight. In an interview, Smith said that on the same day, Marshall saved a friend from drowning.
“There was a lot of good in the man,” Smith said. “If you was in trouble, he’d be the first one there to help you.”
Harrison was returned to the Pike County Jail in Bowling Green, where he has spent the last 17 months and will continue to live until sentencing.
