Eric Alan Stoneman

Parties and identities

Eric Alan Stoneman was the 14-year-old defendant who was sentenced in December 2005. Taylor Demarco was the 9-year-old boy who was shot and killed. Bill DeMarco was Taylor Demarco’s father. Wendi Robyn DeMarco (also written as Wendi Robyn) was Taylor Demarco’s mother. Valorie Stoneman was Eric Alan Stoneman’s mother. Eric Warde was the 13-year-old witness who testified at proceedings.

Timeline

• July 20, 2004 — Eric Alan Stoneman brought his mother’s .22-caliber handgun to the home of a third boy and shot Taylor DeMarco once in the chest; Taylor died of a single .22-caliber gunshot wound to the chest.
• July 2004 — Eric Warde testified at a preliminary hearing that the boys argued, Stoneman left and returned with a handgun, they locked themselves in a bedroom and then in a bathroom, and Stoneman pointed the gun at the boys; Stoneman also allegedly put the handgun in his own mouth, and a shot went off.
• September 29, 2005 — Eric Alan Stoneman was prosecuted as an adult on a charge of first-degree murder.
• October 20, 2005 — Eric Alan Stoneman pleaded not guilty to first-degree murder in Glenwood Springs District Court; District Court Judge Thomas Ossola found probable cause to charge Stoneman with premeditated murder.
• November 3, 2005 — Eric Alan Stoneman was scheduled to appear in court for a date to be set for trial.
• December 13, 2005 — District Attorney Colleen Truden was recalled.
• December 23, 2005 — Eric Alan Stoneman was sentenced to 10 years (four in a juvenile justice facility and 6 in state prison); at the earliest he would be 22 when he could apply for parole.

Background

Taylor Demarco was a 9-year-old boy who lived in Battlement Mesa, with Taylor’s family after moving off the mesa following the shooting. Eric Alan Stoneman was 14 at the time of the shooting and was described as staying in a modest apartment in downtown Rifle after his arrest. The families’ accounts reflected intense conflict between the DeMarco family and Stoneman’s family, including court outbursts.

The offence

On July 20, Eric Alan Stoneman shot and killed Taylor DeMarco. Taylor died from a single .22-caliber gunshot wound to the chest at a Battlement Mesa home where a third boy was present. The events described included an argument among the boys earlier that day and Stoneman bringing his mother’s .22-caliber handgun to the third boy’s home.

Witness account details (as testified)

Eric Warde testified that the three boys had been arguing off and on during the day. Warde testified that Stoneman left and about 10 minutes later returned with a handgun. Warde testified that Warde and DeMarco hid in a bedroom and locked the door, then retreated to a bathroom and again locked themselves in. Warde testified that Stoneman said, “This gun can go through the door.” Warde testified that he eventually unlocked the door and the boys came back into the living room.

Warde testified that Stoneman pointed the gun at both Warde and DeMarco. Warde testified that at one point Stoneman handed the gun to DeMarco assuring him the safety was on and it wouldn’t go off. Warde testified that Stoneman pointed the gun at him, then held it to his own head and put it in his mouth. Warde testified that he was frightened and looking down when a shot went off. Warde testified that Taylor screamed and opened the (front) door and ran out, and that DeMarco died outside in a pool of blood on the steps of the mobile home.

Alleged pre-shooting threats and deliberation issues

Felletter and the prosecution argued that Stoneman deliberated and intended to cause death. The proceedings included discussion of whether threats made by Stoneman supported first-degree murder. Public Defender Greg Greer argued that deliberation and intent did not exist in the case and that first-degree murder should be thrown out.

At a preliminary hearing context described in the material, Warde testified to Stoneman making threats to kill Taylor DeMarco and Warde.

Investigation and prosecution posture

The material described that Eric Alan Stoneman was originally charged as an adult with first-degree murder and six other offenses as an adult. It also described an adult mandatory sentence exposure on first-degree murder.

The September 29, 2005 proceeding included District Attorney Colleen Truden’s statement that she would not seek the death penalty, but that the first-degree murder charge carried a mandatory life sentence. The hearing described the alleged shooting took place at the living room of a 13-year-old boy’s home, with Taylor then running outside to the front gate, trying to open the gate, then running back toward the residence before collapsing and dying on the top porch step.

Arrest and custody

Eric Alan Stoneman was held without bond at a juvenile detention center. The material described tight security at court, including metal detectors and heavily armed security guards.

Trial proceedings (pleas and evidentiary hearings)

Charge as an adult; probable cause ruling

On September 29, 2005, Eric Alan Stoneman was prosecuted as an adult on a charge of first-degree murder, a decision that could result in a life sentence if convicted.

On October 20, 2005, Stoneman pleaded not guilty to first-degree murder in Glenwood Springs District Court. During the day-long hearing, District Court Judge Thomas Ossola found probable cause to charge Stoneman with premeditated murder. The material also described that Stoneman was clad in a blue shirt with white stripes and that he repeatedly turned toward his mother and father.

Statements and conduct in court

Bill DeMarco made outbursts in court and was restrained by sheriff’s deputies from attacking Stoneman during an initial court appearance the day after the shooting. The material also described that DeMarco was ejected from an earlier hearing when he threatened Stoneman and his family.

At the October 20, 2005 hearing, DeMarco placed a small container with some of his son’s ashes on the railing and propped a picture of his son facing the judge and attorneys. During a morning recess, DeMarco told Stoneman:

“I don’t think you have a whole lot to smile about. I’ll wipe that smile off your face.”

As DeMarco left the courtroom, he said:

“I don’t trust myself. There ain’t a guy in there (referring to the deputies stationed in the courtroom) that can stop me. I don’t trust myself.”

Witness testimony and objections

The proceedings described cross-examination by Assistant District Attorney Vince Felletter and objections by public defender Greg Greer. Felletter called Eric Warde as the prosecution’s lone eyewitness. Greer repeatedly objected to Felletter’s calling Warde on statements Warde had made to law enforcement at the scene and later to sheriff’s investigators.

The material included Felletter reading from an investigator’s report of an interview with Warde, including questioning about statements that Stoneman threatened to kill Taylor DeMarco and whether Warde said those threats were made “in the strangest way.”

Greer argued that Warde also told investigators that Stoneman was only trying to scare DeMarco and did not intend to shoot him. Greer argued:

“There isn’t enough evidence by any standard”
“Deliberation does not exist in this case. Intent does not exist in this case. First degree murder is not a charge that should go against this 13-year-old boy.”

Ossola found enough evidence based on Warde’s statements to support a charge of first-degree murder.

Plea agreement and sentencing hearing

On December 23, 2005, Stoneman was sentenced instead to 10 years in jail following a plea agreement. Stoneman pleaded guilty to charges of reckless manslaughter, menacing with a deadly weapon and resisting arrest. The material stated that Stoneman declined to make a statement before Judge Craven issued the sentence.

The earliest Stoneman would be 22 when he could apply for parole. The packed courtroom included about a dozen heavily armed security guards inside and in surrounding hallways, and visitors were required to go through metal detectors before entering.

Sentencing

On December 23, 2005, District Court Judge T. Peter Craven sentenced Eric Alan Stoneman to 10 years total, with four years in a juvenile justice facility and six years in state prison. Stoneman’s attorneys agreed he would not seek parole until he is 22.

The material described Craven’s statements about the ramifications and human suffering:

“regardless of what this judge does.”
“I can only apply the Colorado Criminal Code, but the effects for three families are something they’re going to have to deal with for the rest of their lives,”

Assistant District Attorney Vincent Felletter told Craven:

“I do not accept this plea agreement,”
and described seeking the plea bargain because “nothing can bring back Taylor,” and that Stoneman was charged as an adult “to bring about adult consequences for what he did. But a 14-year-old doesn’t have the same capacity and ability to reason as an adult.”

Felletter also said:

“because nothing can bring back Taylor.”

Felletter said four years in a juvenile justice facility would offer Stoneman a chance to “change his life for the better,” and that:

“Then when he turns 18 and goes to an adult prison, he will see what he did was extremely serious and he’s being punished”

Public Defender Greg Greer characterized the plea agreement as:

“at the top end of the gamut of what the law offers in these cases.”

Greer also said:

“No one will be happy, though,”
“I won’t be happy with this resolution. This case is a tragedy for three families, and there’s no happy ending.”

Stoneman answered “Yes, sir” to several questions from Craven to make sure he understood the details and consequences of pleading guilty.

Appeals

No appeals were described in the material.

Outcome

The criminal outcome was the guilty plea to reckless manslaughter, menacing with a deadly weapon, and resisting arrest, followed by the December 23, 2005 sentence of 10 years (four years in a juvenile justice facility and six years in state prison).

Aftermath

The material described threats by Taylor’s parents to file a civil lawsuit against Stoneman’s parents. Taylor’s parents, Bill DeMarco and Wendi Robyn, opposed any change in the first-degree murder and opposed charges filed against Stoneman as an adult.

The material described Bill DeMarco’s position during sentencing:

“Two years is not enough. Ten years is not enough. This man (gesturing toward Assistant District Attorney Vincent Felletter) is plea bargaining first-degree murder down to manslaughter. It’s not right. None of this is right.”

DeMarco also said Stoneman’s mother, Valorie, should be held accountable because Stoneman used her gun.

After the hearing, Valorie Stoneman said she did not agree with the outcome “but if it’s the best way to get help for my son, maybe it’s the best we could do. My main goal even before this happened was to help Eric get better.”

After the hearing, DeMarco expressed anger at the plea bargain and promised to dedicate his life to “make those people pay,” saying:

“I don’t get my son back in 10 years.”

Bill DeMarco said:

“They just sent a message to the world, you can shoot a kid and get 10 years for it, when they knew they could prove first-degree murder,”

Valorie Stoneman described what happened at the time of the shooting and custody:

“He asked me how Taylor was, and I told him he died,”
“He was crying, saying, 'Mom, it was an accident, you have to believe me.' And I said, 'Don’t tell me anymore.' It was to protect him. The less I know, the less I can be asked,”

She also said:

“But I seriously don’t believe that Eric thought that gun was going to shoot. I think he thought the safety was on.”

She said:

“I wasn’t there and there isn’t a day that goes by that I don’t kick myself for having a gun in the house,”
and: “Coming at me about it won’t bring their child back. I hurt for them. We’ve all lost in this. My child has lost his childhood. We are not monsters. We are all human beings, and we deserve to be treated that way.”

The material also described Sharon Robyn, Taylor’s 57-year-old grandmother, urging people to:

“pay attention to your kids . . . Just spend a little time with them. Even if you're too tired. 'It's hard when you're working and you're tired, when life has kicked you in the hind end a few times. But just let them know that you are on their side.'”

The material described prosecutor turnover concerns after District Attorney Colleen Truden’s recall on December 13, and that District Attorney-elect Martin Beeson might take over the case.

Other details

The material described that at a sentencing hearing there were “about a dozen heavily armed security guards inside and in surrounding hallways,” and that visitors were required to pass through metal detectors. The material also referenced a prior court appearance where Bill DeMarco threatened Stoneman and his family and was restrained.

A mental health point was included in the prosecutor’s explanation, stating that mental health issues played a role in seeking the plea bargain, and that Felletter could not elaborate on them because of Stoneman’s age.

The material included statements about the DeMarco family opposing plea changes from first-degree murder to manslaughter, and it described that the plea reduced the potential adult life-without-parole exposure to the negotiated sentence.