Spirit Lake, IA (KICD)–A Spencer man was sentenced Monday for his role in a beating that turned fatal in August of 2012.
22-year-old Cody Millard pled guilty last month to charges of unlawful gathering where meth is used and accessory after the fact for his role in a robbery incident that eventually took the life of 59-year-old Edward Kitto. Clay County Attorney Mike Houchins argued that the 5-year prison term for unlawful gathering and 2-year term for accessory after the fact be served consecutively.
Millard’s attorney Jack Bjornstad argued that the two sentences be served concurrently
Bjornstad noted that Jaykie Harrington gave two different statements under oath to authorities.
Judge David Lester ruled in Dickinson County Court that the sentences for Millard be served consecutively for a total prison term of 7 years.
Edward Kitto was found beaten and unresponsive in the backyard of a Spencer home August 27th and died on September 8th at a Sioux Falls Hospital.
Christopher FItzpatrick received a sentence that would keep him in jail for over 21 years in May in connection to this incident.