A Palmdale man has been sentenced to 21 years in state prison for shooting his roommate in the face two years ago.
Nicholas Harper, 26, was sentenced in an Antelope Valley courtroom Thursday for the death of his best friend and roommate, 21-year-old James McElroy. A jury last month found Harper not guilty of murder, but guilty of voluntary manslaughter in connection with McElroy’s death. The jury also found true the allegation that Harper personally used a shotgun to commit the crime.
McElroy was shot to death Feb. 7, 2012 inside the apartment he shared with Harper at the Parkwood Patio complex in the 38000 block of 20th Street East in Palmdale. Harper initially told detectives that McElroy had been shot by two black guys who came to the apartment looking for marijuana. The next day, Harper changed his story, claiming the shooting was accidental and it happened when he and McElroy decided to clean their guns after an evening of drinking alcohol and smoking marijuana.
During Harper’s sentencing hearing Thursday, family members expressed grief and anguish over the loss of McElroy.
McElroy was her only son and the family’s protector, said Clemmie Graves. Her son was a lovable person who was adored by everyone, young and old, Graves said.
The victim’s sister, Shante McElroy, read a heartfelt, self-composed poem that talked about losing her “hero.” The mother of McElroy’s daughter, Samantha Zuniga, spoke about the child’s struggle to cope with the loss of her dad. “It’s really hard as a mom to not be able to take your kid’s pain away,” she said.
Velma McElroy said her grandson was a kindhearted person who had looked out for her for as long as she could remember. “You took away someone that we love very much,” Velma McElroy told Harper.
Following the victim impact statements, Harper made a rambling plea for forgiveness directed at McElroy’s family members.
“I am to blame, but I never denied that,” Harper said, adding that the shooting was a drunken accident that he wished he could take back. “If I could change anything that night, there’s no doubt that I would change places with him and have him be here,” Harper said.
He said McElroy was like a brother to him, and he urged family members to remember the good times they all shared.
“No matter how many times I say sorry to you, I know it would never change it,” Harper told McElroy’s family members.
But prosecutor William S. Chung said Harper had previously showed no remorse or accepted any responsibility for his best friend’s death. Following the jury’s manslaughter verdict last month, Harper was heard in a jailhouse telephone call saying “We beat this!” and “F— the family” in reference to McElroy’s family members, Chung told the judge.
In sentencing Harper to the high term for voluntary manslaughter, Judge Kathleen Blanchard said Harper had taken no responsibility in the aftermath of McElroy’s death. Rather, Harper made up a story and discarded the weapons, which was a “clear indication of a sophisticated plan.” The judge also said that the story Harper told about the shooting being an accident “doesn’t seem very likely.”
Following the sentencing hearing, McElroy’s mother said she was leaving everything in God’s hands.
“God will deal with him (Harper),” she said.
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Previous related stories:
Man found guilty of manslaughter in roommates death
Trial opens for Palmdale man charged with killing roommate
1-year anniversary vigil for James McElroy
Man pleads not guilty in roommate shooting death
Dana says
The killer! Was intoxicated while handing a firearm obviously he wasn’t concerned about anyone’s safety or his child or unborn child. Nicole what ever rock u crawled from under Please return ! the statements you implied are just outrageous ! In my opinion the killer should have got the death penalty! obviously u didn’t read where he told the cop black men came in then recanted his story. don’t you see something wrong with that picture! let me clarify that for u ! shooting your best friend calling 911 and the then asking someone to lie for u And told the lie ! his character is worth nothing ! Any normal person that would shoot there friend would immediately say it was an accident not make up lies or hide guns. Trying to make the Graves family feel guilty with u that crap James wouldn’t that. so with that keep your uneducated ignorant comments to yourself
Anonymous says
I would have said the same thing about a family that’s trying to throw dirt on me James family are all punks
Destiny says
The only punk is the one that got sentenced today and the one that’s posting anonymous…. You have no right to call us punks when you guys thought he got off scotch free…. the judge said she knows nick planned it so shut up Cefie….
Nunca says
I will never understand the mentality of a person that defends a murderer or rapist or whatever as anoymous is doing. I don’t care if the criminal is family or friend, I would be apologetic for their awful actions, not callously call the victims names. I think it’s a ghetto, lower class type of world view where family can do no wrong and everyone else is an enemy.
Destiny says
Thank you. Nunca for that, as the victims sister I thank you for defending my brother. Thank you for defending the judge as well.
Nunca says
I think this was premeditated 1st degree murder. 21 years is in reality far too light. 5 years or something like that would gave been sickening. Kudos tothe judge. I bet that phone conversation cost that idiot 10 years of his life.
Destiny says
What sucks is the fact that he said F**k the judge f**k his family we beat this with his dad. We wake up every morning mourning. We miss James and this did give us closure but it cant bring James back, although it cant bring James back what Nick did cant take away our memories and I thank the lord that we have those happy memories. In Loving Memory of James McElroy Jr. got but not forgotten.
Sandra says
Blew me away when he tried to apologize to my family to only find out he was heard recorded saying [removed] the judge and [removed] the family glad she maxed his cruel ass out. Finally my family has some closure Rip nephew you will always be on our hearts.
Nunca says
“A black guy did this!”
These two guys seem like an odd pairing of friends. Harper is older, unattractive; I imagine that a certain amount of jealousy came into play. To hear that he said f the family shows further what a rotten apple he is.