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Shooting outside Gary restaurant nets sentence of nearly 55 years

Updated: December 19, 2013 9:38PM

A Gary man convicted of murder in a 2012 slaying was sentenced Thursday to almost 55 years in prison.

Daryl Kenneth Henderson, 27, got a penalty of 54 years, 11 months from Lake Superior Court Judge Thomas Stefaniak Jr.

Henderson as convicted during a jury trial on Nov. 22. It took about two hours for jurors to convict him of murder charges in the death of Lawrence Z. McIntosh, 28, of Gary.

A letter was read in court on behalf of the mother of Henderson’s children; in the letter, it was explained that McIntosh’s son, who will turn 13 in January, needs his father more than ever, and McIntosh’s 4-year-old doesn’t understand that dad isn’t coming home. “You took all that away over a beer,” the letter said.

Deputy prosecutor Angela Mattozzi argued for a sentence of more than 57 years, noting that the murder was captured on surveillance footage. Henderson followed McIntosh in and out of Rico’s Pizza at 25th Avenue and Burr Street in the Black Oak section and the neighboring Party Liquors and would not leave him alone. Henderson had asked McIntosh to buy him a “double deuce” at the liquor store after the clerk wouldn’t sell him anything to drink because of his level of intoxication, but McIntosh didn’t. Henderson continued to shaking hands with and fist-bumping McIntosh, who eventually hit Henderson.

Henderson took his pizza to the car and then returned to confront McIntosh, who had told witnesses he just wanted to be left alone. McIntosh was outside the pizza restaurant putting on his shirt when Henderson fired three shots at the man, who started running toward Burr Street and ended up at a gas station across from Rico’s. Afterward, Henderson led police on a 50-block pursuit at speeds of about 70 mph before he crashed, then fought with officers.

Defense attorney Derrick Julkes said his client was just being “overly social, overly friendly” and was happy and celebrating that he’d been accepted to Ivy Tech.

Henderson apologized to McIntosh’s family. “I think about this every day. I never intended for this situation to happen,” Henderson said.

Henderson said he was scared after having been shot before and carried a gun for protection. His gun license had expired.

Stefaniak found as mitigating factors Henderson’s mental health issues and his difficult childhood — his father was imprisoned and his mother died in her early 30s.

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