MINOT — A Minot man charged with murder had his change of plea hearing delayed Tuesday.
Erik Rod, 43, was to have entered change of plea in North Central District Court before Judge Gary Lee at 1 p.m. However, due to a blizzard warning Rod’s attorney, Patrick Waters of Bismarck, requested a delay that was granted by Lee. The change of plea has been rescheduled for 1 p.m. April 20.
The case against Rod stems from what was initially characterized as a May 21, 2020, accident in which his wife, Connie Rod, 37, was hospitalized with a gunshot wound. Connie Rod died four days later. Her death was followed by the arrest of Erik Rod on a AA felony charge of Murder-Extreme indifference, and a C felony charge of Reckless Endangerment-Extreme Indifference.
Rod entered a not guilty plea on October 28, 2020, and had jury trials scheduled for September 9, 2021, and January 18, 2022, that were canceled due to considerable legal delays. A third jury trial, set for April 25, 2022, will be avoided if Lee approves of a change of plea agreement at the April 20 court session.
The Dakotan has learned some of the details of the proposed plea agreement. It includes the State’s Attorney asking for a B felony charge of Manslaughter rather than the AA felony of Murder. In addition, the state will be moving to dismiss the C felony charge of Reckless Endangerment.
The State is recommending a 10-year sentence, serve 5, with 5 years of supervised probation, court costs and restitution of approximately $3,100, and a chemical dependency evaluation and follow through.
According to the State, Rod displayed extreme indifference to the value of human life by not following proper protocol surrounding gun safety. The State alleges Rod was handling a firearm while seated on a couch next to his wife when the gun discharged a bullet into Connie Rod.
According to the State, it was the wishes of the family to proceed with a plea agreement and avoid a trial. AA felony carries with it the possibility of a life sentence without parole. The B felony manslaughter is a maximum 10-year penalty.
