News and Tribune

February 1, 2010

New Albany teen pleads guilty in fatal stabbing

Suspect’s father convicted in related battery case

By MATT THACKER

A New Albany teenager has reached a plea agreement that charges him as an adult in an August fatal stabbing.

Manuel C. Mocasque, 18, pleaded guilty Friday in Floyd County Circuit Court to class C felony reckless homicide. His father, 41-year-old John S. Mocasque, of Clarksville, was convicted Thursday in the same court of class C felony battery by means of a deadly weapon.

Authorities believe that the father’s battery, which occurred Aug. 28, led to an altercation the next night in which 26-year-old Manuel “Matt” Jennings was killed.

The stabbing occurred in the 1100 block of Crystal Ave. in New Albany. Jennings was pronounced dead at Floyd Memorial Hospital and Health Services within an hour after the stabbing.

According to a probable cause-affidavit, the younger Mocasque told police that night that several subjects, including Jennings, approached him and his brother throwing bricks at them. Mocasque said he began to chase Jennings while carrying a steak knife. He claimed that when he caught up to him, Jennings struck him in the face with a brick.

“They ended up in a scuffle, and Manuel [Mocasque] was placed in a choke hold,” said Amber Shaw, Mocasque’s attorney.

She said her client stabbed Jennings once in each leg until he was able to get away. Jennings bled to death.

“He had no intention of killing him,” Shaw said. “He was just trying to free himself.”

One of Jennings’ relatives had been attacked the night before by John Mocasque, and that led to them seeking revenge, Shaw said. She said the group had been to the Mocasque residence four or five times in one day looking for the father.

She believes her client was only trying to protect his disabled mother after the group started throwing bricks.

“I think there could have been a good argument for self defense,” she said.

Shaw said she discussed the possibilities with her client’s family, and they decided it was not worth the risk of taking it to trial. Mocasque, who was 17 at the time of the stabbing, was charged as a juvenile, but prosecutors had asked for his waiver into adult court. The matter had been continued several times until both sides reached an agreement Friday.

Manuel Mocasque will be sentenced to four years in prison and one year of probation if the agreement is accepted by Judge J. Terrence Cody at a hearing March 4.

Manuel will be credited for time served in juvenile detention since his arrest in August.

According to a statement by the Floyd County Prosecutor’s Office, the elder Mocasque was convicted after a three-day trial and five hours of jury deliberation. The prosecutor declined to make any further comment.

Sentencing is scheduled for Feb. 25, and John Mocasque faces two to eight years in prison and up to a $10,000 fine.

Chief Deputy Prosecutor Steve Owen prosecuted the case, while Public Defender Brian Chastain represented the defendant.