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Man makes plea deal in shooting


By Jonathon Shacat/Herald/Review
Published: Wednesday, July 1, 2009 1:53 PM CDT
BISBEE - A man who fatally shot his brother in the Double Adobe area last year entered into a plea agreement in Cochise County Superior Court on Friday.

Wayne Michael Elliott, 37, pleaded guilty to second-degree murder for killing Jason Elliott, 34, on May 4, 2008.

According to the Cochise County Sheriff's Office, the incident occurred in the 6800 block of North Brooks Road in McNeal after a verbal argument.

Defense attorney Clarence Jenkins, who represents Elliott, said his client shot the victim in the back of the head with a shotgun, and then admitted it to the arresting officer.


Elliott told the court that he has no memory of what happened, but that he does not take issue with the statements of his lawyer. Elliott faces at least 10 years in prison or as much as 22 years in prison. The presumptive term is 16 years. Probation is not available. Also, he would not be eligible for early release.

Judge Wallace Hoggatt ordered a pre-sentence report. He scheduled a sentencing hearing for July 24. He also vacated a jury trial that was set to start July 20.

According to the plea deal, Elliott could be required to pay restitution of up to $10,000 to his parents as survivors of his brother.

Herald/Review reporter Jonathon Shacat can be reached at 515-4693 or jonathon.shacat@bisbeereview.net.



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