1 of 3 charged in fatal stabbing at party makes manslaughter plea deal
Published: Tuesday, December 9, 2008 at 4:21 a.m.
Last Modified: Tuesday, December 9, 2008 at 4:21 a.m.
One of three young men charged with murder in a 2007 stabbing at a west Santa Rosa party has agreed to a manslaughter plea bargain that likely will send him to prison for six years instead of life.
Alex Hopper, 21, agreed Friday to plead no contest to one count of manslaughter when prosecutors dropped charges of assault with a deadly weapon. Murder and three other assault charges will be dismissed at Hopper's sentencing, according to court documents.
Judge Ken Gnoss indicated he would sentence Hopper to the mid-range term of six years in prison for the manslaughter count, with a weapons enhancement to run concurrently. Hopper is to be sentenced Jan. 20.
Santa Rosa police arrested Hopper, Donald Bittner, 20, and another man after the Dec. 15 stabbing death of Benjamin Floriani, 21, during an alcohol-fueled brawl at a party attended by dozens of young people in a west Santa Rosa town house.
After a lengthy preliminary hearing over the summer at which several young witnesses admitted lying or being drunk or high, Gnoss dismissed all charges against the third man arrested, Matthew O'Day.
Gnoss also dismissed the murder charge against Bittner, ruling that the evidence implicated him only in connection with a possible assault but not Floriani's stabbing.
Though evidence was conflicting, Gnoss said there was enough to hold Hopper for trial on murder charges. He said the truth of self-defense assertions made by Hopper would be up to a jury to evaluate.
Although none of the three defendants was identified as having stabbed Floriani, prosecutors charged them all with murder under the aiding-and-abetting theory, which can hold an entire group responsible for a crime committed by one.
Witnesses said Hopper had been in a verbal altercation with one of Floriani's friends and that a man with similar appearance, dark skin with hair in a ponytail, fought and possibly stabbed another of Floriani's friends during the melee.
Hopper and Bittner's attorneys contended their clients were defending themselves. Floriani was seen pointing a gun at people and bragging during the party.
Bittner is seeking to have the assault case against him dismissed on Wednesday.
A fourth man, Noah Minuskin, was charged with a felony accessory charge. He is due in court next week for a possible plea agreement, according to court documents.
Staff Writer L.A. Carter can be contacted at 568-5312 and lori.carter@pressdemocrat.com.
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