Plea agreement made in 311 Boyz case

Tuesday, May 4, 2004 | 11:21 a.m.

One of the nine alleged 311 Boyz gang members charged in the attack that crushed 17-year-old Stephen Tanner Hansen's face entered a plea agreement this morning that will allow him to avoid jail time.

Matthew Costello, 18, pleaded guilty by means of the Alford decision to one felony count of battery with use of a deadly weapon in exchange for prosecutors dropping all other charges against him, including attempted murder.

Costello's plea is the equivalent of no contest. He confirmed that the state could prove its case against him without admitting guilt.

Chief Deputy District Attorney Christopher Laurent said the state could prove Costello was part of the conspiracy to attack Hansen, and that he tried to punch Craig Arnett Lefevre through a truck window as he and Hansen were trying to leave a July 18, 2003, house party.

Several of the nine teens charged in the attack were throwing rocks at the truck Hansen was in, Laurent said, and one of those rocks burst through the windshield and struck Hansen's face.

District Judge Michael Cherry told the teen he would agree to sentence him to probation, considering his clean background and age. If Costello meets all of his probation requirements, the charge will be reduced to a gross misdemeanor, Cherry said.

A prison sentence of two to 10 years will hang over Costello's head if he does not meet the probation terms, Cherry said.

Laurent and Costello's defense attorney, Daniel Albregts, both declined to comment on whether Costello will testify against his eight other co-defendants at trial later this month.