Plea deal reached in fatal festival fight - News, Weather & Sports

Plea deal reached in fatal festival fight

Gary Muncy Gary Muncy
Donald Smith, Jr. (Source: WAVE 3 Archives) Donald Smith, Jr. (Source: WAVE 3 Archives)

LOUISVILLE, KY (WAVE) – A former personal trainer could spend the next five years behind bars after accepting a plea deal in the death of another man.

With his attorney by his side and his family behind him, Gary Muncy entered a guilty plea before Judge A. C. McKay Chauvin on Tuesday.

Muncy is accused of engaging in a fight with Donald Smith Jr., 38, while at the Schnitzelberg Walk in Germantown on September 24, 2011. During the altercation, police said Muncy punched Smith, sending him falling to the pavement where he struck his head. Smith died one day later from a traumatic brain injury.

Muncy previously entered a not guilty plea in the case that elevated from assault to murder charges following Smith's death - a felony charge punishable by between 20 and 50 years in the penitentiary or life in prison.

In exchange for a guilty plea, the prosecution has since agreed to lessen the charge against Muncy to reckless homicide, punishable by one to five years in jail.

"They're going to recommend a five year sentence and they're going to object to probation," said Chauvin.

Muncy is expected back in court for sentencing on August 7.

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