IDAHO FALLS — A local man is having second thoughts about pleading guilty to shooting and killing his friend in the driveway of a Bonneville County home.
Marshall Dee Hendricks, 31, and his new attorney Allen Browning have filed a motion in court asking that Hendricks withdraw his guilty plea of felony voluntary manslaughter with a deadly weapon. Hendricks is accused of killing 30-year-old Rory Neddo in September 2019 after an argument over a woman.
It’s not exactly clear why Hendricks wants to change his plea to not guilty. Neal Randall initially represented Hendricks, but court records show Hendricks hired Browning in March after pleading guilty in February.
When Hendricks pleaded guilty to killing Neddo, he cried explaining his version of events.
“I got into a conflict with a friend of mine,” Hendricks said at the hearing. “I became scared. When I seen (sic) him reach behind his back, I thought he was reaching for a gun and I didn’t wait for his hand to come back out to be sure and I shot him and it killed him.”
An affidavit by Browning was submitted in court filings supporting the reasoning to vacate the guilty plea, but District Judge Dane Watkins Jr. ordered the document sealed. Watkins wrote in his order that the right to privacy and the need to preserve a fair trial outweighs the public interest.
In the initial guilty plea, a second-degree murder charge was amended to manslaughter. Prosecutors agreed to recommend Hendricks spend 10 to 25 years in prison.
A motion hearing to determine if Hendricks can withdraw his guilty plea is scheduled for June 7 at the Bonneville County Courthouse. Hendricks was scheduled for sentencing in July.