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Papillion man sentenced in death of mother's boyfriend

Source: Omaha World Herald | May 26, 2009

A 30-year-old Papillion was sentenced to prison Tuesday for unintentionally killing his mother's boyfriend in January of 2008.

Sarpy County District Judge David Arterburn sentenced Eric R. Wallace to no less than 18 years and no more than 20 years in the Nebraska Department of Corrections for manslaughter. He was given credit for 500 days already served.

Wallace was also sentenced to one year in prison for third-degree assault. Those terms are to be served consecutively. Under state sentencing guidelines, Wallace will have to serve at least nine years before he becomes eligible for parole.

Wallace had faced a second-degree murder charge, but his attorney, James Martin Davis, reached an agreement with Sarpy County prosecutors. Wallace pleaded guilty to manslaughter and third-degree assault.

A second-degree murder conviction could have put him behind bars for life.

Wallace was convicted of killing Mark Wingate, 58, on Jan. 12, 2008 at 1117 Sherman St. in Papillion. Wingate was the boyfriend of Carol Wallace, Eric Wallace's mother, who owned the home.

According to an autopsy, Wingate died of asphyxiation and smothering. Tricia Freeman, assistant Sarpy County attorney, has said that the autopsy also indicated that heart disease contributed to Wingate's death.

Levi Morrell, a Papillion police detective, testified that it appeared that Eric Wallace and Wingate had struggled. Morrell said Wingate was found on the living room floor with a folded-up flannel blanket covering his face.

Papillion Police Officer Jessica Calabretto testified that she believed that the struggle was over golf clubs. Eric Wallace called police from his cell phone afterward.

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