Portland police were able to place Darienga Smalley, a California man, in the vicinity of Tommy's 3 in the early morning hours of Aug. 23, 2008, when Earl Richard Barker was shot dead with a bullet to the chest. A waitress told police that Smalley had given her the napkin with his phone number, in hopes of meeting her again.
Smalley, 40, was charged with murder. But Monday, Smalley pleaded guilty to first-degree manslaughter. He was sentenced to 10 years in prison, the mandatory minimum for that crime under Oregon's sentencing guidelines.
Prosecutors say they agreed to a plea deal because the defense likely would have questioned the accuracy of witnesses who identified Smalley as the shooter. Prosecutors say it was 2 a.m., and the parking lot was dark. One witness was uncooperative, and jurors may have questioned the motivations of another witness, who would have testified in exchange for lighter treatment for unrelated criminal charges.
Prosecutors say Barker was simply defending himself and speaking up for his girlfriend the night he was killed.
Barker, 42, and his 19-year-old girlfriend Jalesa Thompson, who had just gotten off work as a stripper, were talking in the club's parking lot at Southeast 80th Avenue and Foster Road when a man walked up. The man boldly announced that he was a pimp, and that Thompson had to work for him. Thompson refused. Barker told the man to leave her alone and the man took a swing at Barker. Just before Barker swung back, Smalley shot him in the chest.
Smalley was the pimp's stepfather. He and the self-proclaimed pimp, later identified as Leonard Brightmon, 23, sped off in a car.
Smalley has a long criminal record, including felony convictions for assault with a firearm, drug-related crimes and being a felon in possession of a firearm. Brightmon was not charged with a crime.
Monday, in Multnomah County Circuit Court, Barker's mother, Mildred Barker, slowly walked to the front of the courtroom. She told Smalley he had "no business" holding a gun given his history.
"You hurt a whole lot of people," Barker said. "You put a hole in my heart when you killed my son."
She asked Smalley -- who had been sitting quietly, looking at her -- for some sort of response.
"You going to say something to me?" she asked.
"I apologize," said Smalley, in a soft voice.
Speak up, Mildred Barker said.
"I apologize," Smalley started again. "I know my words won't change anything, ...but I hope it will bring you some closure."
"It hurts," Barker said. "It won't bring any closure to me."
"I'm sorry," Smalley replied.
"My son, my baby," Barker said. "He was a quiet little guy. He was getting his life back on track. ...He was trying to get an education. ...I want you to remember this. ...Think about this. Think about this. Think about it."
Smalley nodded. Deputies then put Smalley in handcuffs, and led him out of the room.
