Had 18-year-old Malik Smith been beaten severely and lived, the assailant could have received up to five years in prison for felony aggravated assault.
But John Tavo Leota - whose right jab led to Smith's death - was convicted of negligent homicide, a class A misdemeanor, and faces a maximum of one year in jail.Something is askew in Utah's justice system, according to the victim's parents.
The parents, Hollywood producer Kris Keiser and actress Beverly Todd, told the press Friday that they were "on a mission" to see a change in the criminal homicide statute.
And they've already been able to bend the ear of a state lawmaker who is drafting a proposal.
Keiser and Todd said they were "deeply disappointed" that Leota was not convicted of a felony in their son's death.
A 3rd District Court jury, after deliberating three hours Thursday, found Leota, originally charged with second-degree murder, was guilty only of negligent homicide.
"I can't believe it," exclaimed Kris Keiser at a press conference Friday at the state Capitol. "John Leota received nothing more than what is tantamount to a slap on the hand for killing our son."
Keiser said Leota should have been convicted of murder or at least manslaughter.
Smith, who had come to Utah on a 10-day ski vacation, died March 20, two days after Leota, 18, punched him in the face and kicked him in the head at Club 35, a West Valley disco for teenagers.
Leota testified that he was angry with Smith because he was "showing off" his dancing skill and was challenging Leota to a dancing contest.
Keiser said the verdict tells Leota, "who often speaks with his fists, and others of his ilk that they have a license to kill.
"John Leota threw an unprovoked punch in anger . . . intent on committing serious bodily injury. He compounded that act with a vicious kick to the head of unconscious Malik Smith."
Todd said there is an "obvious gap" in Utah law.
The "gap" is between negligent homicide, a class A misdemeanor, and manslaughter, a second-degree felony. The only homicide in between is automobile homicide, a third-degree felony, which is charged to drunken drivers who cause the death of another.
State Rep. Joanne Milner, D-Salt Lake, said she is sponsoring legislation that would make negligent homicide a third-degree felony.
From there, homicide would progress to manslaughter, a second-degree felony; second-degree murder, a first-degree felony; then first-degree murder, a capital offense.
The parents also criticized defense attorney Phil Hansen.
"I think Phil Hansen did a magnificent job rehearsing (Leota) and giving him all the on-stage directions.
The jury saw (Leota) as a "well-dressed" young man who appeared sorry for his actions, she said.
"He was not remorseful. He was well trained."
Though the National Association for the Advancement of Colored People has been present during the court proceedings, Todd said, "I don't think this is a race issue . . . It's purely a poor criminal code."
However, she said she was disappointed there was not at least one black on the jury.