Charles "Eddy" Waters was sentenced to 25 years in prison Tuesday in connection with the 2011 stabbing of a homeless man in Boulder, despite his protestation to the judge that he "didn't do anything wrong."
The sentencing comes four months after a mistrial was declared on murder and attempted-murder charges stemming from the same incident, which left one man dead, another seriously injured,
Prosecutors allege Waters, a 57-year-old transient, stabbed two other homeless men in an abandoned shed in the 3100 block of Pearl Parkway in October 2011.
Johnny Rasnick, 43, suffered a stab wound to his abdomen and died in surgery at Boulder Community Hospital, while Michael Giampino, 29, suffered a punctured lung and a laceration to his face.
Waters stood trial in December on charges of second-degree murder, first-degree attempted murder and first-degree assault. He was found guilty of first-degree assault against Giampino, but a mistrial was declared on the second-degree murder and first-degree attempted murder charges after jurors could not reach a unanimous verdict on those counts.
The Boulder County District Attorney's Office elected not to retry Waters on the murder charges in light of the first-degree assault conviction, which carried a sentencing range of 10 to 32 years in prison.
'I wished it never happened'
At Tuesday's hearing, Boulder District Judge Thomas Mulvahill said he didn't think the facts of the case warranted the maximum sentence or even the 28 years that prosecutors requested. But he agreed with the probation department's recommendation of 25 years.
"You stabbed (Giampino) multiple times and you stabbed him in the back," Mulvahill said.
At the sentencing, defense attorney Eric Zale asked Mulvahill to sentence Waters to a period of 120 days in prison before reconsidering the sentence, citing his age and lack of violent criminal history.
"Is that appropriate for your honor to, in essence, remove Mr. Waters from society for the rest of his life?" Zale asked. "Does he deserve that? He does not deserve that."
At the hearing, Waters maintained his assertion that he only was defending himself that night.
"I wished it never happened -- it's insanity," Waters said. "If I hadn't defended myself I would be dead. I didn't do anything wrong."
'No acceptance of responsibility'
But prosecutor Catrina Weigel said a conviction by a jury on the first-degree assault charges shows that Waters was not acting in self-defense. She added that Waters has refused to accept any responsibility for what he did that night and was blaming everyone but himself.
"It was the defendant who was the violent and aggressive person that night," Weigel said. "Hold the defendant accountable for everything he did that night."
Zale said Waters initially was remorseful, but became angrier as the case went on, and Mulvahill agreed that likely was the case. But he said that didn't change the facts.
"The fact of the matter is there is no acceptance of responsibility from Mr. Waters," Mulvahill said. "There is no remorse or empathy for the victims."
Mulvahill told Zale he could file a motion for a reconsideration of sentencing after 120 days, but said it didn't mean he would grant it.
Zale also indicated Waters plans to appeal his conviction.