Colorado man takes plea agreement in death of Justin Borowski in 2019

    A Colorado man accepted a plea agreement in Keith County District Court Friday, pleading no contest to manslaughter and assault charges stemming from the July 5, 2019 death of Justin Borowski, 31, of Grant.
    Timothy Walker, 44, of Brighton, Colorado was originally charged with manslaughter, a class 2A felony, following an investigation into the death of Borowski.
    The plea agreement reduced the manslaughter count to attempted manslaughter, a Class 3A felony.
    In addition, a second misdemeanor count for assault in the third degree was also included in the plea agreement.
    District Judge Richard Birch said attempted manslaughter is an attempt to kill another without malice upon a sudden quarrel.
    This felony carries a maximum penalty of three years imprisonment and 18 months post release supervision.
    Assault is defined as knowingly or recklessly causing bodily injury to another person or threatening another in a menacing manner.
    Judge Birch said the maximum penalty for the assault is one-year imprisonment.
    A pre-sentence investigation was ordered with sentencing set for July 16.     
    During the hearing, District Attorney Randy Fair of Ogallala said the investigation found that Borowski had been in an altercation with Walker.
    “As a result of an altercation, and other factors, he did die as a result of his injuries on July 5, 2019,” Fair said.
    He said Walker described the confrontation to investigators “as a pushing and shoving match” ultimately leading to Walker kicking him out of his Lake McConaughy residence.
    Borowski was picked up by his parents and later taken to Perkins County Community Hospital and then flown to a Kearney hospital where he died July 5, 2019.
    A contingent including  Borowski’s parents and brother, along with other family and friends, attended Friday’s hearing.
    Brother Nathan Borowski said the family was disappointed with the plea agreement.
    The case had been set for trial on May 11.
    He said they don’t feel the plea agreement gives Justin the justice he deserved in the case.