Spang found guilty in stabbing death
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POLSON — After a five-day trial in Judge C.B. McNeil’s court, Aaron Jess Spang was found guilty of mitigated deliberate homicide, a felony, in the stabbing death of 32-year-old Frank Martin He Does It on Nov. 27, 2010. Spang was also found guilty of possession of a dangerous drug, a felony.
The jury opted to find Spang guilty of mitigated deliberate homicide, with a maximum sentence of 40 years, as opposed to deliberate homicide, which has a life sentence.
Charges stemmed from a 9-1-1 call at 6:41 a.m. on Nov. 27, 2010, from Spang’s mother, Vicki One Bear, who said her son was allegedly assaulting her boyfriend, He Does It. There were several other calls from the apartment, including one from He Does It, pleading with the 9-1-1 operator to send help. He Does It allegedly said Spang had a knife and was threatening him.
When the officers arrived on the scene, they apprehended Spang coming out the door of the apartment at 1759 D Street. Law enforcement found He Does It in the back room, stabbed nine times. He was pronounced dead at the scene. Officers found a nine-inch butcher knife near the body. In Spang’s bedroom law enforcement found nine marijuana plants.
Kyler Rutz, a friend of Spang’s, had been living with Spang and One Bear and was present at the time of the incident. Rutz and Spang had been at a party and when they returned to the apartment, he said Spang was angry because his mother had locked him out of the apartment.
Kunz, PPD detective Alan Booth, One Bear and Rutz all testified for the prosecution.
Spang turned 19 in the Lake County Jail on February 11 while waiting for his trial since bail was set at a million dollars. Spang’s attorney Edmund Sheehy called Spang to the stand on Thursday, April 21. Spang testified to a life of dealing with his mother’s abuse of alcohol and more recently prescription medications. Spang said his mom had many boyfriends, two of whom pulled a knife on him.
As far as the marijuana plants, Spang said his mother knew he had the plants and they had discussed him moving the plants out before the end of 2010.
When he and Rutz arrived back at the apartment after being out on the early morning of Nov. 27, he found he was locked out. He’d never been locked out before so he checked the windows and crawled through. Spang said he was “afraid I’d get hurt” when He Does It tackled him.
The six woman, six man jury received their instructions from Judge McNeil before noon on April 22 and deliberated about four hours before returning with their guilty verdict.
Spang will be sentenced on June 8 at 9 a.m.
