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Valencia handed suspended sentence, 10 days shock in son’s death

Justin Addison, Editor/Publisher
Posted 6/16/22

The Fayette man who in April pleaded guilty to first-degree involuntary manslaughter in the February 2021 shooting death of his 15-year-old son will spend 10 days in the county jail and five years on …

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Valencia handed suspended sentence, 10 days shock in son’s death

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The Fayette man who in April pleaded guilty to first-degree involuntary manslaughter in the February 2021 shooting death of his 15-year-old son will spend 10 days in the county jail and five years on probation. Eddie Martin Valencia, 52, was given a suspended sentence of five years in the Missouri Department of Corrections, in addition to 10 days of shock detention, on Wednesday morning in Boonville.

The sentence was handed down by Cooper County Judge Keith M. Bail. Additional sentence conditions require Mr. Valencia to abstain from alcohol and prohibit him from possessing firearms.

The death of 15-year-old Cash Valencia in his home in Fayette on February 20, 2021, was initially treated as an accidental shooting. Mr. Valencia told police that he was checking his .308-caliber rifle and intended to dry fire when the gun went off, according to a probable cause statement filed by Fayette City Marshal David Ford. He said he did not first check the firearm before pulling the trigger because the guns are never put away loaded.

Mr. Valencia also told police he had not consumed alcohol at the time of the incident but refused to submit to a test of his breath, according to the statement.

A Child Fatality Review Board hearing was held on Friday, February 26, 2021, to examine the situation. On the following Monday, Mr. Valencia was arrested and later charged with first-degree involuntary manslaughter, a Class C felony.

When Mr. Valencia entered the guilty plea to the Class C felony on Monday, April 18, his attorney, Brad L. Wooldridge, requested a sentencing assessment report (SAR). The report was filed with the court on Monday, June 6, and recommended a suspended sentence of five years in the Missouri Department of Corrections. Howard County Prosecuting Attorney Deborah K. Riekhof also asked for 30 days of shock incarceration in the county jail.

Mrs. Riekhof told the court that the SAR did not represent initial stages of the investigation, and the medical records show that Mr. Valencia had a blood-alcohol level of 0.134, which is above the legal limit for intoxication, two hours after the incident took place.

“He initially indicated to law enforcement that he had not had anything to drink that day,” Mrs. Riekof told the court during the sentencing. “Subsequently, he admitted in the sentencing assessment report that he had. That was something that played a large part in the charging.”

Mr. Wooldridge contended to the court that, as was noted in the SAR, Mr. Valencia had no prior criminal history and is considered “low risk” in all categories. Wooldridge said that his client has the full support of his family, has undergone counseling, and has abstained from alcohol. He asked that Mr. Valencia be given a chance to heal and that he be allowed to travel for his job as a sound engineer.

Mr. Wooldridge asked the judge that his client be sentenced to 10 days of home detention rather than incarceration in jail. Judge Bail upheld the state’s request for jail time, the service of which may be broken up so as not to interfere with Mr. Valencia’s employment.

Another matter which has not been decided by the court is whether or not Mr. Valencia will be able to keep a medical marijuana card that was prescribed to him in April. Mr. Wooldridge contended that the card was prescribed to treat Mr. Valencia’s post-traumatic stress disorder.

Mrs. Riekhof told the court that she objected on behalf of the state to allow him to keep the medical marijuana card. While medical marijuana is legal in Missouri, it has not been legalized by the federal government. Judge Bail instructed Mr. Valencia’s attorney to submit a motion to the court. Currently, the matter remains undecided.

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