2010-01-28 / Around the County

McCurdy sentenced to 21 years in prison, and Hoke gets probation

Months after a jury found him guilty of voluntary manslaughter and not murder, Christopher McCurdy of Greeley Hill learned his fate. In Mariposa County Superior Court on Monday, McCurdy was sentenced to 21 years in state prison for the December, 2008 killing of Lonnie Ritter.

Immediately following, the young man who helped Mc- Curdy get away learned that he will be on probation for five years for his part in the crime. Kevin Hoke could have been sent to prison for three years.

McCurdy himself addressed the court before formal sentencing. “I am not an animal,” he read from a letter he had written to the court. “I made a horrible mistake.” The defendant said he is not unsocial and could be rehabilitated. Nonetheless, he was ready to accept the judge’s decision.

“I will accept your sentence and take it like a man,” the 22-year-old said.

Deputy District Attorney Kim Fletcher said McCurdy should get the maximum allowable penalty for the crimes, based on the fact that Ritter loved and trusted him “like a son.” She said Ritter was aware of McCurdy’s escalating violent behavior and may have been afraid.

“This is a man that had esophogeal cancer,” Fletcher said of the victim. “He weighed 109 pounds, had pins in his ankles.” She said the last place he should have been afraid was in his own home. “He entrusted (Mc- Curdy) with everything he had, just as though he was a son.”

Fletcher considered Mc- Curdy’s age in her argument, but did not waiver. “It’s harsh to do to a young man,” she said of sending him to prison. “But Mr. McCurdy took someone’s life. Is he a danger to society? Yes. He’s demonstrated that. Our concern is that he’d do it again.”

McCurdy’s attorney, Jeff Tennebaum, said the portrayal of his client as a person with a lengthy criminal record was inaccurate. He said he only had one conviction for vandalism and another for “one measley fist fight.” He asked the judge to take it easy on his client. “It’s unfortunate this happened,” Tennebaum said of the night Ritter was shot.

Judge Robert Ahern who heard the jury trial didn’t mince words. “I am going to sentence you to prison,” he told McCurdy. “It would be a miscarriage of justice to put you on probation.”

Ahern gave McCurdy 11 years in prison for the voluntary manslaughter charge. He will spend an additional 10 years in prison for personal use of a firearm in the commision of the manslaughter. A number of theft charges drew lesser sentences that will run concurrently to the aforementioned.

The judge said McCurdy did pose a threat to society and had a “pattern of increasing seriousness” with his criminal behavior. Tennebaum told the judge he intends to appeal the case.

Hoke’s attorney Wayne Green told Ahern that his client made a “reasonable choice” when he helped Mc- Curdy run from the scene. “He found himself left with few good options,” Green said.

Hoke and Ritter got along well, Green said. “These were two men separated by a generation, who shared common experiences and a common illness,” Green explained, noting the victim’s and his client’s struggles with Post Traumatic Stress Disorder following military service.

Fletcher didn’t argue against Hoke getting a probation sentence. She said he had been “remarkably consistent” from the time of arrest to the trial. She said he repeatedly talked with investigators.

“There’s a lot of good in Mr. Hoke,” Fletcher told Ahern. “Mr. Hoke and the community would be served by him getting treatment for his PTSD. He has made choices in his life to serve our country,” she said of the defendant. “He’s been in Iraq. He’s been in Afghanistan. He put his life on the line. He stuck his neck out for us,” Fletcher said. “Maybe we ought to do something for him.”

Hoke himself said that the last 405 days he spent in jail gave him time to “stand back and reexamine” his life. “I have reapproached my way of thinking,” Hoke said. At the time of the crime, Hoke said his mind was “not in the best” state, having just returned from war. “I ask you to give me one more chance to be a correct citizen.”

Hoke did not, however, place blame. “It is my obligation to take responsibility for my actions,” he told Ahern, “but I ask for mercy.”

The judge said he had already made up his mind. He gave Hoke five years formal probation because he said he needed structure in his life. He held a three-year prison term over Hoke’s head, though. “If you get picked up, you will automatically go to prison.”

Ahern also told Hoke it might be in his best interest to get out of Mariposa County entirely, both to stay out of trouble and avoid any retaliation. “People will have feelings of ill will toward you,” Ahern said. “For this reason, you should consider relocating.” Hoke was released on Monday.

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