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Slaying suspect pleads guilty
by Ray Scherer
Tuesday, August 26, 2008

MARYVILLE, Mo. — A second Nodaway County resident pleaded guilty Monday in a short-order cook’s death last November.

Under an arranged plea, Erik B. Romig, 27, said he committed felony first-degree manslaughter of Donald Ray Gardner Jr. Mr. Romig was originally charged with second-degree murder. A co-defendant, Nicholas A. Rosencrans, 22, pleaded guilty Aug. 19 in Buchanan County to a reduced charge of involuntary manslaughter for his role in Mr. Gardner’s death.

Mr. Romig offered only terse answers to questions posed by Circuit Judge Roger Prokes. He did not dispute Nodaway County Prosecutor David Baird’s brief rendition of general evidence that would have been presented at an early September jury trial.

According to Mr. Baird, Mr. Romig and Mr. Rosencrans caused Mr. Gardner’s death on Nov. 16, 2007, by striking or kicking him. Both men then abandoned the 46-year-old Mr. Gardner in an open field, he added. Sanitation workers discovered the body the next morning.

Witnesses said Mr. Gardner started a dispute with Mr. Romig at the latter’s apartment, where all three men were present.

“The charge of involuntary manslaughter in the first degree conforms with the facts as developed in the case,” Mr. Baird said. A person commits the crime of involuntary manslaughter by recklessly causing the death of another person.

Mr. Romig, who was represented by Kansas City attorney Kenton Hall, faces up to seven years in the Missouri Department of Corrections. His sentencing is set for Nov. 10.

Meanwhile, Mr. Rosencrans is due to be sentenced Oct. 30 in Buchanan County Circuit Court.

As part of the plea, Mr. Romig is required to testify in any other prosecutions involving Mr. Gardner’s death.

Ray Scherer can be reached

at rscherer@npgco.com.

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