Aaron Croteau, 25, has signed a plea agreement which included pleading guilty to accountability for negligent homicide in the case involving the 2006 fight targeting Hispanics. Jose Casares Sr. suffered head injuries in the fight. A coroner claims the injuries resulted in Casares’ death in the summer of 2008.

Croteau made an Alford plea to the charge. An Alford plea is a plea in criminal court in which the defendant does not admit the act and asserts innocence, but admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty.

In the court document, Croteau states that because of extreme intoxication at the time of the offense, to the point of blacking out shortly after the offense, he does not have his own independent recollection of all the events and his conduct. He states he has received the evidence against him and has concluded that the evidence against him is strong and that he is likely to be convicted at trial. The defendant states that an Alford plea of guilty is in his best interest and is a voluntary and rational choice for him among his available alternatives. The plea bargain includes the dropping of three charges: deliberate homicide by felony murder rule, accountability for aggravated assault and criminal endangerment.

The state is declining to make a recommendation to the court regarding sentencing. Prosecuting the case is Richland County Deputy Attorney Tom Halvorsen. District Judge Richard Simonton is presiding over the case.

Croteau will make his court appearance to make his change of plea on Dec. 8.

In April, Michael Lawrence Roth, Croteau and Adam Manuel Fernandez were charged with aggravated assault and criminal endangerment, both felonies. The additional charges of accountability for negligent homicide and deliberate homicide were made after Casares’ death.

Fernandez has his pre-trial hearing on Jan. 6, 2009. Roth’s court date is April 15, 2009.

If guilty, the penalty for accountability for negligent homicide is not to exceed 20 years in prison, a $50,000 fine or both. Deliberate homicide carries a sentence of life in prison, or not less than 10 years or more than a 100 years in prison. The state will not be seeking the death penalty.

Court documents say the incident started when words were exchanged at SuperPumper between Aaron Kringen, who was with Croteau and Roth, and two Hispanic men, Jose Casares Jr. and Jorge Casares.

Later on in the evening, around 10:30 p.m., the three defendants and Katherine Platz traveled to Sunset Apartments where court documents say Jose Casares Jr. and Jorge Casares went to go home.

According to court records, Fernandez said he did go there to get in a fight.

The report states that Jose Casares Sr., father of Joey, saw trouble brewing between the two groups. He came out toward the young people to try to calm things down, but a fight erupted. The altercation resulted in Jose Casares Sr. going to a Billings hospital with head injuries.