The manslaughter charge is punishable by 11 years in prison, while the murder conviction would bring a mandatory sentence of 15 years to life on top of the three years because a gun was used in the slaying of Bobby Joe Grubbs.
A county Common Pleas jury convicted Kutter on single counts of tampering with evidence and gross abuse of a corpse in the homicide, but deadlocked on the murder count.
At trial, prosecutors said Grubbs intended to collect the ginseng, which he knew to be growing on Kutter's property. Ginseng is a valuable herb that can sell for hundreds of dollars per pound when properly dried and prepared.
An officer testified at trial that deputies did not record a 40-minute interview with Kutter following the discovery of the body because of technical issues. They said they recalled the conversation from memory, that Kutter told them he put the body in a creek bed and moved it several times during before he told authorities it was in a mulch pile.
Friday, in explaining the reasoning behind the plea agreement, Prosecutor Martin P. Votel said the case posed several challenges including that Kutter "has no criminal record, was on his own land, and claimed to have been defending himself and his property at the time of the shooting. There were no witnesses to the incident."
He also that after dissecting the first trial and considering the comments of jurors, citizens and law enforcement, as well as talks with the victim’s family, “it became clear that this case should be resolved short of a retrial if possible. This plea agreement ensures that the defendant will take legal responsibility for the death.”