9-year term imposed for slaying in parking lot

Byron Mitchell, with attorney Pete Rost, is sentenced to nine years in prison by Judge Gene Zmuda, in Lucas County Common Pleas Court. He previously entered an Alford plea to involuntary manslaughter with a gun specification and was found guilty in the shooting death of Eric Daniels on July 3, 2011. THE BLADE/DAVE ZAPOTOSKY Enlarge | Photo Reprints

Saying that guns, for many, are becoming just "an extension of a hand," Lucas County Common Pleas Court Judge Gene Zmuda noted Tuesday that what started as a simple quarrel in July resulted in two guns being drawn and one man being killed.

The man responsible for the shooting, Byron Mitchell, 20, of 3055 Alexis Rd., was then sentenced to nine years in prison.

He had entered an Alford plea to involuntary manslaughter with a gun specification for the July 3 shooting death of Eric Daniels, 40.

"As a judge … I sit listening to time and time again the senseless conduct of individuals who cannot get along," the judge said. " … How is it that when there is a situation when one can't leave a parking lot because of being blocked, firearms are taken out?"

Authorities said the incident occurred at an impromptu car show in a parking lot at Detroit Avenue and Monroe Street, where Mr. Daniels was a passenger in a truck that was parked in such a way that it blocked other drivers who wanted to leave.

A discussion about moving the truck degenerated into a fistfight, which involved Mitchell.

Mr. Daniels, who had a permit to carry a concealed firearm, produced a handgun and fired what has been called a warning shot into the air.

He then joined the fight and while striking an individual with his gun still in his hand, the firearm discharged into the pavement, authorities said.

Mitchell produced his own handgun and fired several shots, one of which struck Mr. Daniels in the back.

Mr. Daniels' 19-year-old son, Eric Daniels, Jr., read a letter in court to Judge Zmuda written collectively by members of his family. He noted that even if Mitchell were given the maximum sentence of 13 years, he, as Mr. Daniels' eldest son, would not have reached the age his father was at death when Mitchell would begin walking the streets again.

"Now Judge Zmuda, we are trying to pick up the remnants of our life after the effects of a senseless murder. Eric is now an addition to the statistics of violent crimes," he said.

"It has been seven months, and life is still an everyday struggle for us. We relive our loss every day," he added. "You never know how much of an impact someone has on your life until they're gone."

More than a dozen of Mr. Daniels' friends and family attended the sentencing.

In his statement, Eric Daniels, Jr., expressed his family's wish that Mitchell be sentenced to the maximum time in prison.

After the sentencing, family members said the sentence should have been longer.

Mr. Daniels' wife, Tenika, declined to comment further.

Defense attorney Pete Rost said in court that the incident was the result of those involved not showing patience or exercising good judgment. He noted that what started as a traffic jam escalated when Mr. Daniels brought out a gun.

"At any time during this string of events, had anyone used better judgment, it may not have resulted in this death," he said.

Mitchell apologized to both his family and to Mr. Daniels' family. Saying he accepted responsibility, Mitchell said that he was "just trying to protect" himself.

"I didn't mean for this to happen," he said. " … I'm' going to go do my time and plan to leave [prison] a better man."

In an Alford plea, the defendant maintains his innocence or does not admit he committed a crime, but acknowledges that evidence is sufficient for a conviction. The court treats it as a guilty plea.

After the sentencing, Mr. Rost said he believed the sentence of six years for the felonious assault plus three years for the gun specification was appropriate when considering the facts of the case.

"I think the sentence reflects the fact that the court took into consideration all the facts presented by this case and as Mr. Mitchell said, his sympathies go to the Daniels family," Mr. Rost said. "He hopes that when he comes out of jail, he will be a better person, like he indicated to Judge Zmuda"

Contact Erica Blake at: eblake@theblade.com or 419-213-2134.