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Teen To Stand Trial In Fatal Shooting Of 14 Year Old

Angry Father Lashes Out At Smiling Teen

POSTED: 5:54 am MDT October 20, 2005
UPDATED: 8:21 am MDT October 20, 2005

During a hearing held under tight security, a judge said there is enough evidence for a 14-year-old boy to stand trial for first-degree murder in the shooting death of a 9-year-old boy.

Eric Alan Stoneman is accused of shooting Taylor DeMarco on July 20 in a Battlement Mesa home. Taylor's father, William DeMarco, attended the hearing with a small container of his son's ashes, which he propped on a railing along with a picture of his son.

DeMarco, who was ejected from an earlier hearing after threatening Stoneman, left voluntarily after speaking angrily at the teen during a courtroom break.

Stoneman was laughing and joking with his mother when DeMarco told him, "I don't think you've got a whole lot to smile about. I'll wipe it off his (expletive) face."

"I'm leaving. I don't trust myself," he announced to the room as he stood up and walked toward the back door.

"There ain't one guy there who can stop me. ... I don't think I can trust myself," DeMarco repeated before climbing into a fourth-floor elevator.

During the hearing officers testified that Stoneman cried and screamed that it was an accident, while asking an animal control officer who responded if he was dreaming.

Stoneman is charged with first-degree murder with deliberation, reckless manslaughter, assault and menacing with a deadly weapon. He is being prosecuted as an adult.

Stoneman's public defender, Greg Greer, argued that first-degree murder charges should be thrown out because the only witness, a 13-year-old boy, told investigators that Stoneman was trying to scare DeMarco and didn't intend to shoot him.

"There isn't enough evidence by any standard" for a first degree murder charge, he said. "Deliberation does not exist in this case. Intent does not exist in this case. First degree murder is not a charge that should go against this 13-year-old boy (sic)."

Greer said his client will plead innocent to all charges. Stoneman's next court date is sent for Nov. 3.

Two Garfield County sheriff's deputies and an animal control officer testified Stoneman was agitated when they arrived and had to be subdued because he became combative when they arrested him.

The animal control officer, Amy Chappelle, testified that Stoneman writhed, sobbed and screamed once he was in a patrol car.

"He said that he didn't do anything, but he did, but he didn't mean to," Chappelle said. She said Stoneman asked her, "This is a dream, right Amy?"

DeMarco died at the scene from a gunshot wound in his chest.

A 13-year-old witness told investigators that he, Stoneman and Taylor were playing when an argument broke out and Stoneman left and returned with a .22-caliber pistol. The witness originally told investigators that Stoneman forced Taylor to beg for his life, but he later changed his story.


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