“The court disagrees [with the proposed] penalty,” Inos said during the change of plea hearing for Shane Jonathan Hocog.
The first plea agreement proposed a sentence of five years, all suspended except for three years, for involuntary manslaughter. After serving two years in prison, Hocog would be eligible for parole.
The plea agreement was later amended, with Hocog pleading guilty to involuntary manslaughter in exchange for a five-year sentence, all suspended except for three years, with credit for time already served in jail.
Inos said the jury trial for the 22-year-old Hocog will start on Nov. 29.
Prior to the ruling, Hocog’s counsel, Assistant Public Defender Richard Miller, told the court that the offer was “a fair agreement.”
Assistant Attorney General Eli Golob is prosecuting the case.
Hocog has been in the custody of the Department of Corrections since his arrest last March 4.
The court has imposed a $100,000 cash bail on Hocog.
Hocog earlier denied the charges of one count of voluntary manslaughter, one count of aggravated assault and battery, and assault and battery in connection with the death of Larry Garcia Gonzales, 37.
The charge of murder in the second degree was dismissed by the court.
On March 1, Gonzales was attacked near Kagman High School by Hocog.
Police said Hocog punched the victim in the face, causing Gonzales to fall and hit his head on the concrete pavement.
Gonzales, who lost consciousness after the incident, died after being in a coma for four days at the Commonwealth Health Center.
