St. Joseph County judge rejects plea deal in May 2021 University Park Mall shooting

SOUTH BEND — Weeks after a mistrial stemming from a homicide at the University Park Mall, criminal proceedings regarding a separate shooting at the shopping center have hit a snag after a judge rejected a plea deal for Luke Murphy.

Prosecutors charged Murphy, 25, with attempted murder and battery in June after, police say, he fired more than a dozen rounds at Shaqkil Cotton near the mall's food court following a heated argument in late May 2021.

Just before the case was scheduled to go to trial last month, the parties came to a plea agreement that would have seen Murphy admit to battery and criminal recklessness by means of a deadly weapon.

However, St. Joseph Superior Court Judge Stephanie Steele rejected the plea deal, finding that the parties did not explain why the terms of agreement were appropriate.

"The court did not accept the proffered plea given the charges and the lack of adequate explanation by the attorneys," Steele wrote.

More: Jury deadlocks over Mishawaka's University Park Mall murder case, judge declares mistrial

The case is scheduled for a trial in May, though it is unclear if prosecutors will seek another plea deal before then. Also complicating matters is the fact that prosecutors last week dismissed charges against Dontrell Smith — who is Murphy's brother and alleged getaway driver during the shooting — because "the victim does not wish to pursue this case."

Shooting at the mall

When Mishawaka police officers responded to University Park Mall on May 22, 2021, it was the second time in less than a year shots were fired at the shopping center.

Court documents say Murphy and Smith were at the mall when they ran into Cotton and some of his friends near the Finish Line shoe store. "Words were exchanged" between Murphy and Cotton, as Murphy lifted his shirt to reveal his gun. Security footage shows others stepping in, and Cotton and Murphy separated and continued shopping.

A while later, however, Murphy came at Cotton and his friends as they exited the store by the food court. Court documents say Murphy was shouting threats and began firing his gun at the group.

Cotton and his friends scattered away in different directions, but Murphy followed Cotton as he ran to hide behind a power transformer on the side of the building and kept firing. Police believe 14 shots were fired in the incident.

Witnesses identified Smith and Murphy driving away in a white Dodge SUV, which the pair abandoned less than a mile away from the mall, court documents say. Murphy was arrested in Gary in late June by U.S. Marshalls and Smith was taken into custody two weeks after that.

Plea deal rejected

In mid-February, Jeff Kimmell, Murphy's attorney, filed a plea agreement that would have seen Murphy plea guilty to criminal recklessness with a deadly weapon and battery with a deadly weapon in exchange for prosecutors dismissing the attempted murder charge.

The deal would have allowed the parties to argue sentencing terms, though the maximum possible sentence under the plea deal would have totaled 8½ years in prison, while the minimum sentence for attempted murder would result in a 20-year sentence according to Indiana sentencing guidelines.

According to court documents, Steele found the conditions of the plea deal were not harsh enough given the public risk created by shooting at a crowded shopping center. Documents also show Kimmell told Steele that Murphy was shot by Cotton on a previous occasion and that Murphy acted preemptively when he shot Cotton at the mall.

Deputy prosecutors argued the plea agreement had been approved by the prosecutor's office and Cotton, court documents say.

After the plea deal was not accepted, Kimmell moved to have Steele recuse herself from the case, arguing her decision to reject the deal showed bias against Murphy.

"The court has taken the position that Mr. Murphy must plead to something harsher than the facts warrant or face trial on an attempted murder charge that the parties do not wish to conduct trial upon," Kimmell wrote.

Steele did not remove herself, writing that judges have discretion whether to accept plea deals and that the denial of a plea deal is not sufficient to show prejudice.

Murphy has been released from jail while the case continues, though he has been instructed not to have contact with people involved in the incident.

Email Marek Mazurek at mmazurek@sbtinfo.com. Follow him on Twitter: @marek_mazurek

This article originally appeared on South Bend Tribune: Indiana judge rejects plea deal in University Park Mall shooting