Erik Steven Rod, 43, Minot, originally charged with Class AA felony murder in the shooting death of his wife, pleaded guilty on Wednesday to a reduced charge of Class B felony manslaughter.

The state and defense are jointly recommending a 10-year sentence, with five years suspended, and five years of supervised probation for Rod. Rod would be required to serve four years of the sentence before he is eligible for parole and he would have to serve at least 85% of any sentence Judge Gary Lee hands down.

Lee said Wednesday he was willing to accept Rod’s plea to the amended charge, given the problems with the evidence in the case that had been outlined by the prosecution and defense, but he was not prepared to sentence Rod on Wednesday. Lee ordered a pre-sentence investigation for Rod and set sentencing for July 15. Lee also ordered that Rod, who has been free on bond, be taken into custody immediately Wednesday. The final sentence will be up to Lee. The maximum sentence for a B felony is 10 years.

Rod will receive credit for any time he has already served in jail.

Rod’s wife, Connie Elizabeth Rod, 37, was shot in the face on May 21, 2020, in the living room of the couple’s northwest Minot residence and died of her injuries five days later, according to prosecutor Leah Viste. Erik Rod told authorities he had been walking in a hallway adjacent to the living room at the time his new .22 rifle accidentally discharged and struck his wife. Rod told police he had been either clearing or function checking the firearm at the time, in preparation for the camping trip the family had planned. Erik Rod’s 11- or 12-year-old daughter was a witness to the incident, according to the sentencing memoranda filed with the court by both the prosecution and defense, but the girl’s story has changed multiple times since the event. Viste told the judge the child would not be a reliable witness at the trial.

A Class C felony reckless endangerment charge against Rod was also dismissed after the child, who had originally said she had been sitting beside Connie Rod when she was shot, changed her story. After counseling, the girl recalled an unspecified amount of time after the incident that she had actually been in a different room altogether when the shot went off. The girl said she had gone back to the living room to see Erik Rod holding his wife. Erik Rod told the girl to call 911, according to Viste.

Viste told the judge there was no indication that Rod had intent to harm his wife. Rod, who had served 17 years in the U.S. Armed Forces Security Forces before he retired in 2017, had also been careless in handling his firearms, according to witnesses, said Viste. Viste told the judge that gun safety classes teach users to take precautions such as keeping fingers off the trigger of a firearm, never pointing a weapon at a person or object they are not willing to destroy and knowing their target. Had Rod followed just one of those safety guidelines, his wife would not have died, said Viste.

Rod’s defense attorney, Patrick Waters, contested Viste’s statements about Rod’s practices in handling firearms. Waters said that evidence probably would not have been admissible at the trial, which had been scheduled for April 25.

However, Waters told the judge that the defense is in agreement that the Class B manslaughter charge and recommended sentence is a fair resolution to the case.

Some of Connie Rod’s family members are not in agreement with the plea recommendation and want a longer sentence.

Waters also told the judge that he objects to classifying some associates of Connie Rod as victims under the state’s Marsy’s Law. Waters said he does not want these people to be permitted to submit victim impact statements or to speak at the sentencing hearing or to speak with the expert who will be evaluating Rod during the pre-sentence investigation. Waters said this would harm Rod’s rights. Lee said he will make a decision at a later date about which people will be permitted to make victim impact statements. However, he said he will not tell the evaluator how to do the evaluation or with whom he will be permitted to speak.

Viste remarked to the judge that there is no justice under the system that can take away the pain experienced by the loved ones of Connie Rod.