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Nicolas Rosencrans showed no emotion as he plead guilty to involuntary manslaughter Aug. 19 in Buchanan County court.
"I have no excuse for what happened," he said to Judge Randall Jackson.
Rosencrans, 22, of Maryville, was originally charged with second-degree murder in the death of Donald Ray Gardner, Jr. Nov. 16, 2007. Erik Romig, 26, of Maryville is also suspected in Gardner's death, but remains charged with second-degree murder.
His hearing for a possible plea deal is scheduled for 10:30 a.m. Monday at the Nodaway County Courthouse.
"Our change is with what a jury would've done at trial," Nodaway County Prosecuting Attorney David Baird said following Rosencrans' hearing.
Gardner, 46, of Maryville, was found beaten to death in an open Maryville lot at the corner of Mattie and Jenkins Streets, 300 yards from Romig's rented house at 1020 E. First Street.
Rosencrans' case was moved from Nodaway County to Buchanan County in March following a change of venue request from his first attorney, Michelle Carpenter.
As Jackson questioned Rosencrans to clarify the legality of the new charge, Rosencrans testified that he suffers from psychological disorders including bi-polar disorder and post dramatic stress disorder, which are being treated with medication.
"I've checked myself in a few times Sir," Rosencrans told Jackson.
The last time was Sept. 2006, he said
Jackson asked Rosencrans if he suffered from any of his disorders while imprisoned and Rosencrans said he has been able to control himself, but did admit to a couple incidents.
"One second I'm yelling, the next second I'm calm," Rosencrans said.
He then testified he was not in the right state of mind the night of Gardner's death, but was able to take responsibility for his actions.
Despite having multiple psychological diagnoses Stephen Higinbotham, Rosencrans' attorney, told Jackson Rosencrans is competent and is voluntarily pleading to the involuntary manslaughter charge.
"I believe it's in his best interest," Higinbotham said to Jackson.
After Higinbotham addressed the court, Rosencrans testified, explaining what happened the night Gardner died.
He along with Romig and Crystal Williams, Romig's girlfriend, were drinking watching football when they called Gardner to come over.
Later into the early hours of the morning, Romig and Gardner began to argue over $40, Rosencrans said. It started as a verbal fight.
According to Rosencrans testification, Gardner threatened Romig with a gun firing motion using his thumb and finger.
He then turned to Williams.
"I'll shoot you too," Rosencrans said Gardner told her.
Romig began hitting Gardner in the face knocking him to the ground where Romig started kicking him in the ribs, Rosencrans said.
Gardner tried to defend himself, but Rosencrans said, he tried to stay out of the fight as he attempted to calm down Williams upset in the kitchen.
Romig wanted Gardner out of the house and asked Rosencrans for help, but Rosencrans said he was still trying to stay out of it until Romig shouted for him a second time.
The two took Gardner out the back door to a small wooden porch. Gardner, leaning on Rosencrans, fell down the porch steps when Romig kicked him in the back, Rosencrans said.
Rosencrans said he fell with Gardner causing his clothes to get covered in blood.
Trying to stand, Gardner pulled on Rosencrans' pant leg for leverage, but Rosencrans, wearing construction boots, kicked Gardner in the head and chest to get him off.
"I was scared so I started kicking," Rosencrans said. "The whole situation had me in fear cause I didn't know if he'd come after me next."
Romig and Rosencrans then carried Gardner to the adjacent lot. Romig picked Gardner up at the torso, Rosencrans said he grabbed his legs.
Gardner was trying to get up after he was taken to the lot, Rosencrans said. He finished his testimony acknowledging his conduct caused Gardner's death.
Rosencrans is scheduled for sentencing at 1:30 p.m. Thursday Oct. 30 at the Buchanan County Courthouse in St. Joseph. He remains in custody at the Buchanan County Jail.
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