ATHLETE ACCEPTS PLEA DEAL FORMER LITTLEROCK STUDENT TO SERVE FOUR YEARS FOR ASSAULT.

Byline: Gerry Gittelson Staff Writer

LOS ANGELES - A former Littlerock High School football and track star facing a second-degree murder trial agreed Monday to a last-minute plea bargain on lesser charges.

Instead of a trial in the beating death of another teen-ager, Marcus Raines, 18, of Littlerock was sentenced to four years for involuntary manslaughter and assault - angering the victim's family and friends.

Christopher O'Leary's mother, Kathleen Harris, clutched an urn of her son's ashes as she spoke before the sentencing in Los Angeles Superior Court.

``This is all I have left of my son,'' she said, tears streaming down her face. ``I'm so sick of hearing how you want to play football, Marcus. Well, someone else's body is not a football. Chris is gone.''

O'Leary's former girlfriend, Stacey Holzer, also spoke to Raines during her statement in court.

``I know we both remember me laying on top of Christopher and screaming at you: Please don't hurt him!'' Holzer said to Raines, as the two locked eyes. ``That's when you kicked him in the head.''

O'Leary, an 18-year-old former Littlerock High School student, was kicked and beaten just after midnight on May 20, 2000, after he went to pick up his girlfriend at a Littlerock High football player's birthday party.

Two other Littlerock High athletes, Richard Newton and Rodney Woods, were accused of participating in the attack on O'Leary and another on his friend, Kevin Walker. They pleaded no contest last year to lesser charges.

Newton is serving four years for involuntary manslaughter and assault. Woods served one year for assault, then played football last season at Fresno City College.

O'Leary died at Northridge Hospital Medical Center three days after the beating.

Since O'Leary's death, witnesses' accounts have differed as to who kicked O'Leary after he was knocked to the ground, and whether it was in the head or the stomach.

Raines' attorney, William L. McKinney, on Monday presented a written testimonial by Sherman Oaks pathologist Griffith D. Thomas, declaring O'Leary's death probably was caused by ``the back of the head striking a hard surface.''

Raines showed no emotion throughout the hourlong proceeding. Dressed in an orange jail-issued jumpsuit, his arms shackled to his sides, he never acknowledged members of his family sitting behind him.

Raines has been in custody for 21 months. With time off for good behavior, he'll probably be released in 2003, according to his attorney.

Afterward, McKinney said Raines had ``more potential than any client I've ever met.''

Prosecutor Melita Montgomery and O'Leary's family members pointed out that O'Leary had a lot of potential, too. O'Leary wanted to become a botanist, and he was planning to dedicate his life to preserving rain forests.

``In a few short moments all his dreams disappeared,'' said his father, Michael O'Leary. ``He was this close to being great.''

The elder O'Leary then begged the judge ``for a just penalty.''

In an unusual turn, Judge Bob Bowers Jr. interrupted the testimony and addressed the courtroom himself.

``I have a limited role in this proceeding,'' he said somberly. ``I have a son and a daughter about the same age of the defendant and victim, and I can't even imagine the grief and agony of both families. This is a tragedy of major proportions.''

Afterward, the prosecutor said she ``wasn't satisfied'' with the plea bargain but she ``had to work within the law.''

Raines' mother, Cynthia Evans, said her son plans to play college football when he is released.

``That's his passion. It's what he wants to do,'' she said.

She said Raines also plans to work with youths so they ``can learn from his experience and steer away from mistakes and situations which should be avoided.''

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2 photos

Photo:

(1 -- color) Marcus Raines

Gets four years for assault

(2 -- colorj) Christopher O'Leary

Killed in beating attack