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Man sentenced to six years for fatal punch

Man gets 6 years for throwing fatal punch

By COLLEEN JENKINS
Published February 14, 2006

NEW PORT RICHEY - The punch that killed one man brought another a six-year prison sentence Monday.

Frank Lopez Santos, 40, pleaded no contest to manslaughter, ending a case that dragged on after Santos was found incompetent to stand trial due to a history of mental illness.

Authorities said 35-year-old Wallace Kelly Marcum had spent several nights at Santos' apartment in July 2003 before leaving with a DVD player and several DVDs that belonged to Santos. Marcum then sold the items for $50 to a woman he met at a bar, Port Richey police said.

The same afternoon, Santos rode his bike to a Shop & Go convenience store to buy a lottery ticket. The theft and sight of Marcum in the parking lot enraged him.

He punched Marcum in the back of the head, police said. As he fell to the ground, Marcum hit his head on the side of a car.

Michael Butash, Santos' attorney, said it was hard to prove whether the blow from Santos or hitting the car caused Marcum's death. His client, who had trained as a boxer, told police he didn't know Marcum had died from the blow.

"This is something that could happen in any barroom fight, any schoolyard fight," Butash said at the Monday's hearing, calling the case the most difficult he has handled.

Doctors deemed Santos competent after about 18 months of hospitalization, Butash said, clearing the way for his case to move forward. The plea agreement with prosecutors cut short the 91/2 years in prison that Santos faced.

Santos has been in custody since his arrest and will get credit for 21/2 years he has already served.

On Monday, he apologized to Marcum's wife and parents.

"I'm sorry," he said. "Sorry."

[Last modified February 14, 2006, 02:45:31]