A loaf of bread, a 12-pack of beer and thou -- for up to 30 years in prison.
Erik Kurtis Low, branded in news reports as "the wedgie killer," is back behind bars. And he could be there a long time if convicted of burglary and shoplifting charges that would constitute a probation violation of Low's 2009 manslaughter conviction. Low has pleaded not guilty to the new charges.
It's the latest twist in the unusual 2003 case.
Low didn't deny shooting Michael Jon Hirschey at a May 2003 party where booze and cocaine were plentiful. Rather, he said he did it in self-defense after the deceased pulled up Low's underwear in a so-called "wedgie," among other things that Low said caused him to fear for his life.
His first trial in 2005 ended in a hung jury. At a second trial later that year, a jury found him guilty of manslaughter and sentenced him to an indeterminate term of one to 16 years. But the Utah Supreme Court reversed the conviction in 2008, based on a flawed jury instruction.
Faced with trying Low a third time, Summit County Attorney David Brickey reached an agreement with Salt Lake City-based defense attorney Kenneth R. Brown: Low would plead guilty to manslaughter in exchange for release based on time already served.
At sentencing, Park City 3rd District Judge Bruce C. Lubeck said he wasn't fond of the deal, but he went along with it and released Low on probation with conditions that he would not violate any laws. Low was freed in January 2009 after spending five years in jail.
Now, Low is being held in Salt Lake County on a slew of new third-degree felony charges: two counts of shoplifting, one count of theft by deception and one count of burglary. If he is found guilty, Lubeck could send him back to prison in the manslaughter case.
In that event, it would be up to the Utah Board of Pardons and Parole to determine how long he would stay in prison. That could mean 11 more years on the manslaughter case and up to five years on each of the new charges.
The Salt Lake County District Attorney is moving forward with prosecuting the cases, said spokesman Mark Biljanic. A hearing is set for April 26 in Salt Lake City.
Low's attorney in the theft cases, Salt Lake public defender Patrick Corum, said the cases combined involve less than $50 in merchandise. One count is for a loaf of bread, a second is for a 12-pack of beer and a third involves whipping cream. The theft cases allegedly occurred at a convenience store where Low had worked.
But what normally would be misdemeanors that would not go to trial have been enhanced because of Low's plea in Hirschey's death, Corum said. "The manslaughter conviction is driving the bus on all of this."
Low's cases most likely won't go to trial before summer, he added.
Brown, Low's attorney in the manslaughter case, said the latest charges against his client should be dismissed.
"I would never have thought that his probation would be violated for a pint of cream and a loaf of bread."
Once those charges are adjudicated, Lubeck will review Low's probation status.
