Montrose – Eight months after Kevin Hale’s killing sparked fears that a hate crime had been committed in this Western Slope town, one of two men charged in Hale’s death has pleaded guilty to manslaughter.
Adam Hernandez, 21, entered the plea in Montrose District Court on Thursday, and, as part of a plea agreement, will serve no more than eight years in prison for manslaughter and felony theft. He could serve as little as a term of probation after charges of felony murder, robbery, conspiracy to commit robbery and misdemeanor theft were dismissed in the plea agreement.
“I just hope for the best,” said a pale and shaken-looking Hernandez as he left the courtroom with his family and Montrose assistant public defender Harvey Palefsky.
Hernandez and 24-year-old Jason Fiske were charged with first- degree murder after Hale’s body was found in a Montrose park July 31. Hernandez, Fiske and Hale had been at the same nearby pub the night before, and Hernandez said he told Fiske he wanted to beat up Hale because Hale, who was gay, had made sexual advances toward him.
“The DA definitely missed an opportunity here to promote awareness around bias-motivated violence,” said Veronica Garcia with the Colorado Anti-Violence Coalition. “This leaves the door open to more crimes of violence or homicide in the future in the community.”
Fiske, who is slated to enter a plea April 26, told police the day after the incident that he and Hernandez had met up with Hale in the park and that he had put Hale in a chokehold to break up a fight between Hale and Hernandez. The arrest affidavit said that Fiske told police he thought Hale was unconscious when they left him in the park.
An autopsy showed Hale died of strangulation. It also showed that he was on epilepsy medication and had methamphetamine in his system.
Palefsky said his office and the 7th Judicial District attorney’s office were able to reach a plea agreement because “it was never Adam’s intent to kill Hale.”
Palefsky said Hernandez pleaded guilty to manslaughter because “his reckless behavior in deciding he wanted to beat up Mr. Hale … resulted in his death.”
Stacy Scott, a cousin of Hale’s, spoke up outside the courtroom on behalf of half a dozen family members who were there.
“I hope he (Hernandez) gets what he deserves,” Scott said. “They both just need to be put behind bars as far as I’m concerned. They still have their lives. My cousin doesn’t.”
Hernandez will be sentenced May 24.
Prosecutor Myrl Serra said it is possible a plea agreement will be reached in Fiske’s case by the time he appears in court again next month.
Staff writer Nancy Lofholm can be reached at 970-256-1957 or nlofholm@denverpost.com.
