The Colorado Springs Gazette final

‘I forgive him,’ mother of shooting victim says

BY ZACHARY DUPONT zachary.dupont@gazette.com

A party-turned-tragedy left one dead in Colorado Springs this year, and the mother of the victim appeared in 4th Judicial District Court on Thursday to tell the man who accidentally killed her daughter that she forgave him.

“I want Eric (Lockhart) to know that I forgive him,” April Leary, mother of Malaya Marie Leary, said as she struggled to clear tears from her face. “As bad as I’m hurting, I forgive him.”

Those were the only words April Leary had for the court before exiting to the hallway in tears.

Eric Terrell Lockhart Jr., 19, was scheduled to have his preliminary hearing to determine if the prosecution had enough evidence to take him to trial for the death of Malaya Leary, 18.

Lockhart is accused of hav

ing accidentally shot and killed Leary while intoxicatedly playing with a gun during a small party at a friend’s apartment in May.

Under advisement from his defense attorney, Lockhart instead opted to waive his right to a preliminary hearing as the defense continues to speak with the District Attorney’s Office about a potential plea deal.

The defense also stated that Lockhart had written a letter to the Leary family from prison and had sent it to the DA to read. "This is a very emotional case for everyone." the de-fense stated.

An arrest affidavit previously acquired by The Gazette outlined the reckless actions taken by Lockhart that ultimately led to the death of his friend.

Lockhart told police after the incident that he had several shots of vodka and had been playing with his friend’s gun despite him asking Lockhart “multiple times to stop messing around with his gun.”

When speaking with police about the shooting, Lockhart said he was sitting in the bedroom with Leary playing with the gun, and that he accidentally discharged the weapon because he believed he was engaging the safety switch.

The affidavit states that Lockhart told police “repeatedly” that he didn’t intend to shoot Leary.

The affidavit also outlined that Lockhart should not have been in possession of weapons in any capacity, as he was on parole for an aggravated robbery arrest — something Lockhart acknowledged to police following his arrest.

Lockhart is being held in El Paso County jail on charges of manslaughter and weapon possession by an offender.

Lockhart could have his plea entered at his next court hearing, scheduled for Aug. 18.

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2022-07-01T07:00:00.0000000Z

2022-07-01T07:00:00.0000000Z

https://daily.gazette.com/article/281651078800713

The Gazette, Colorado Springs