Mom Home For Deadly Drinking Party, Still No Charges

It was an underage drinking party that turned deadly, and the Colorado Springs mother who was home at the time still hasn’t been charged.

Eric Manly, 16, had the party at his home in the 900 block of South 25th Street last November. The night ended in gunfire, when Manly shot and killed Jack Smith, 19, after a fight. Witnesses said Manly’s mother, Kelly Utley, was home while the party was happening and never intervened as dozens of teenagers drank from kegs and played beer bong.

“You could tell since she was just hanging out, not doing much, that she didn’t really care that we were drinking or having a party there,” said Derek Boucher, a friend of Smith’s who was at the party.

Boucher said he’d partied at the house when she was there in the past as well.

Manly will spend the next 22 years in prison after pleading guilty to second-degree murder. Smith’s family and friends now wonder why his mother faces no charges, even though it’s a crime for adults to let kids drink in their home.

CSPD Sgt. Darrin Abbink told TARGET 13 Investigates that, because this was a murder case, it would be up to the District Attorneys Office to file charges against Utley. He said prosecuting the murder would be the first priority. [ “Filing additional criminal charges against other people can actually complicate the criminal prosecution of the murder in this particular case,” said Abbink.

He said there’s still a potential for charges against Utley now that the murder case is closed. The District Attorney’s Office told TARGET 13 it has no comment, at least not at this point.

Utley told TARGET 13 she didn’t want to comment because she’s facing a Wrongful Death civil suit from Smith’s family.

Abbink said civil and criminal charges are something every adult should think about before providing alcohol to a minor or letting minors drink in their home.

“You’re taking on civil liability that can cost you your home and your livelihood,” said Abbink. “You can be paying out somebody for the rest of your life.”

Criminal charges could include a misdemeanor charge of providing alcohol to a minor or a felony charge of contributing to the delinquency of a minor. Abbink said both have the potential for jail time.