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Eric Kurtis Low, 43, who was dubbed "the wedgie killer" after shooting Michael Jon Hirschey in May 2003 at a party in Park City, was sent to the Utah State Prison on Monday for parole violations that include shoplifting socks and stealing beer and bread.
Low never denied shooting Hirschey at a party fueled by alcohol and cocaine. But he claimed he shot his host with a large caliber handgun because he feared for his life after Hirschey pulled up Low's underwear in what's known as a "wedgie."
Low's first trial in 2005 ended in a hung jury. In a second trial that year, a jury found him guilty of manslaughter and sentenced him to an indeterminate sentence of one to 16 years. But the Utah Supreme Court reversed the conviction in 2008, based on a flawed jury instruction.
Rather than try Low a third time, Summit County Attorney David Brickey reached an agreement with Low's Salt Lake City-based defense attorney, Kenneth R. Brown. The deal called for Low to plead guilty to manslaughter in exchange for release based on time already served.
Third District Judge Bruce C. Lubeck released Low in January 2009 on the condition that he obey all laws. He had served five years behind bars.
But in 2010, Low was charged with stealing beer and bread from a store in Salt Lake County where he had worked. And earlier this year, he was charged with shoplifting socks and a T-shirt.
In an appearance Monday before Judge Ann Boyden, Low said he was homeless and without a job, according to Brickey. Boyden sent him to prison to complete his one to 16-year sentence. The Utah Board of Pardons and Parole will determine when he is released.
"This has been a long, arduous case involving sad facts for everybody," said Brickey. "Michael Hirschey didn't deserve to die like that. And Mr. Low has failed to take advantage of the opportunity offered to him."
Low's attorney said he, too, was disappointed, but noted the judge had little choice but to send his client to prison. Low is a broken man who "can't seem to hold it together," Brown said.
"He does well in prison. He was a model inmate," Brown said. "I can't imagine he will spend a lot of time there, but it's up to the Board of Pardons."