Walker man withdraws plea to manslaughter

WALKER - L.C. Wesley Armstrong, 24, Walker, filed a motion in Cass County District Court to withdraw his guilty plea to felony second-degree manslaughter in connection with the motor vehicle death of his pregnant girlfriend Aug. 1, 2007, at Backus.

Armstrong's attorney, Richard Kenly, entered the motion on his client's behalf Monday, then withdrew as defense attorney in the case and asked the court to appoint a public defender.

Judge David Harrington appointed public defender Timothy Aldrich to represent Armstrong and set a Nov. 10 court date to hear arguments on the motion to withdraw the guilty plea.

County Attorney Christopher Strandlie said he will argue against the motion and ask the court to let Armstrong's Oct. 15 guilty plea to manslaughter stand.

Armstrong also was charged with felony third-degree murder and two counts of felony criminal vehicular homicide in connection with LaToya Burks' death. He has pleaded not guilty to those counts.

According to the criminal complaint:

Armstrong was driving a sport utility vehicle northbound on Highway 371 just south of Backus. His girlfriend, Burks, who was nine months pregnant, was a front seat passenger in the vehicle. Her 5-year-old daughter was riding in a rear seat.

The vehicle left the road, crashed into a grove of pine trees and came to rest on its left side. Armstrong and Burks' daughter were transported to St. Joseph's Medical Center in Brainerd.

Burks and her unborn child did not survive the crash.

Armstrong reportedly admitted he and Burks were arguing about money issues. He claimed Burks had grabbed the steering wheel, causing him to lose control of the vehicle.

Burks' daughter told authorities her mother and Armstrong were arguing and that he took his hands off the wheel, grabbed her mother and pulled off a wig she was wearing, then threw it in the back seat. She said Armstrong lost control of the vehicle when he grabbed for her mother.