Posted at: 01/16/2014 10:57 AM
Updated at: 01/16/2014 6:17 PM
By: Mark Mulholland
Kevin Wayne King
Photo: File / WNYT
FORT EDWARD - Washington County Judge Kelly McKeighan asked the Fort Edward man how he pleads to the charge of manslaughter in the 1st degree.
The one word, "guilty," brings to an end the people's case against Kevin Wayne King.
The 30-year-old man pled guilty to one count of manslaughter and will be sentenced to 20 years in prison.
He killed Brett Michael King in August at the Fort Edward apartment he shared with the 3-month old child's mother.
At the time, King told police that he'd been playing the video game Call of Duty and the baby wouldn't stop crying, so he slammed him to the floor.
He was not charged with intentional murder, but rather depraved indifference murder, essentially that he didn't care whether the child lived or died.
Prosecutors say they wouldn't have been able to prove that because there was no evidence of prolonged abuse or that King failed to get help for the injured child.
The district attorney says the child's mother was disappointed that the facts wouldn't support a murder charge. And he shares her family's frustration with the law regarding depraved indifference.
"I think they're disappointed in the way the statue is written," said District Attorney Tony Jordan, who inherited the case from his predecessor."I'm not sure there's anything that's adequate that would help the family."
King's attorney planned to argue at trial that his client acted under "extreme emotional disturbance" caused by playing violent video games and the crying child. He says the plea to manslaughter and twenty years in is appropriate.
"He was remorseful about the tragic incident. He certainly wanted to accept responsibility and move forward," said Mike Mercure.
Elizabeth Braman, King's mother, said through tears, she is thankful that her son won't spend 25 years to life in prison.
"I grieve for the family that lost this little one. I lost him as well. But I have my son and I'm thankful for that," said Braman.
King is scheduled to be sentenced February 14.