A Mitchell man accused of killing his wife two years ago has reached a deal with prosecutors. During a Tuesday court appearance 41 year old James Brinker pleaded guilty to first-degree manslaughter and agreed to a 40 year prison term with 22 years suspended and 18 years to be served. He also admitted to a probation violation. Brinker was originally indicted in November of 2017 for first and second-degree murder and first-degree manslaughter. Prosecutors dismissed those charges and filed an information and complaint charging him with first-degree manslaughter in that Brinker unintentionally killed Marie Brinker in the heat of passion in a cruel and unusual manner.
According to court documents Brinker subdued his wife Marie by placing her on a mattress, wrapped her arms and legs in a blanket, placed a sock in her mouth and tied a belt around the back of her head to keep the sock in place. Brinker told Police he fell asleep and when he awoke Marie “did not look good.” He checked for a pulse and couldn’t find one. Brinker left the home to pick up their three children and told Marie’s sons to enter the house and call 911. Brinker told the boys he had a protection order and didn’t want to get in trouble for being there. He left the house before Police arrived and was taken into custody later.
Judge Chris Giles ordered a pre-sentence investigation and sentencing for December 3rd. First-degree manslaughter is punishable by up to life in prison and or a $50,000 fine.