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Dustin Ray Horton, of Seale, Ala., pleaded guilty Monday morning to
involuntary manslaughter in connection with the 2009 death of Scott
Jeremy Drago outside a Columbus Waffle House. He was sentenced to 10
years in prison.
On June 28, 2009, Horton, 22, punched Drago, 36,
around 3 a.m. in the restaurant’s parking lot on 6751 Veterans Parkway.
Drago fell and struck his head. Police said Drago, a former Lee County
sheriff’s deputy, sustained a fractured skull which resulted in a brain
hemorrhage where he landed on the asphalt. He was pronounced dead at
9:46 p.m. that day.
“We were able to negotiate a plea down from
murder to involuntary manslaughter,” said Horton’s attorney Frank
Martin. “And I thought the acts fit involuntary manslaughter, and I
thought that they did not fit murder.”
Involuntary manslaughter
refers to an unintentional killing that results from recklessness or
criminal negligence. The usual distinction from voluntary manslaughter
is that involuntary manslaughter is a crime in which the victim’s death
in unintended.
“So it really was not reasonably foreseeable that
to punch someone in the face would result — you know just one punch,
just punched him one time and that was it — would result in the death of
the person,” Martin said. “The punch to his face was in no way
life-threatening at all, but it fit the definition of involuntary
manslaughter in that he was responsible for someone dying even though he
had absolutely no intention whatsoever to kill the person. But it set in
motion a chain of events that resulted in his death.”
Heated argument
Horton and some of his friends were
standing in the parking lot of the North Columbus Waffle House when
Drago and a friend pulled up. Horton and others had to move before Drago
could park, and that led to Horton saying he’d almost been run over,
police said.
A heated, profanity-laced argument erupted between
the two men, though a police officer testified last year in Columbus
Recorder’s Court that it didn’t last long. Drago and Horton reconciled
before Drago and his friend proceeded into the restaurant. They spoke
about Drago’s truck and sports and they established they were both in
the National Guard, police said.
At some point, Drago was lured
outside by Horton, who claimed he wanted to talk about his car, police
said.
Horton then struck Drago in the face without warning, and
Drago fell to the pavement. Horton and a friend then got into Horton’s
vehicle and left. Horton was arrested at a Russell County home around
11:30 a.m. to following day.
Drago, who was found about 15 feet
from his truck, worked as a deputy with the Lee County Sheriff’s Office
from January 2001 to October 2005. He also served in the U.S. Army for
six years and was active in the Army Reserves.
Horton’s 10-year
sentence is the maximum provided under the law for involuntary
manslaughter.
Martin said his client apologized to Drago’s family
in court during his sentencing. “He told them how much he regretted it
because it not only resulted in them losing a son and a brother, but it
also ruined his life because he has an 18-month-old child,” Martin said.
“It was a very sad occasion all around.”
Assistant District
Attorney David Helmick declined to answer questions about the plea but
said, “It’s just a tragedy.”
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