Brad Lee Davis, 35, of McLoud, pleaded guilty to first-degree manslaughter in May in the death of his stepfather.
Washington Star news reported that Pottawatomie County District Judge John G. Canavan Jr. rejected Davis’ plea for a second chance.
Davis said he knocked down his stepfather, Denver Lee St. Clair, 58, and pulled the elastic band of underwear over his head and around his neck.
Davis admitted to investigators he had done a bad thing, giving his stepfather a wedgie like something done in high school.
According to NewsOK the victim, Denver Lee St. Clair, 58, died after he was knocked unconscious and the elastic band from his ripped underwear was pulled over his head.
The band ended up pressed tightly against his throat, strangling him.
The victim also suffered head wounds that prosecutors say would have been fatal if he hadn’t died from the wedgie first.
LiveLeak reported Davis told investigators that he hit St. Clair’s head, causing him to lose consciousness.
Then, Davis said, he grabbed his stepfather’s underwear and gave him an “atomic wedgie” by pulling the underwear over his stepfather’s head.
“I’d never seen this before, but when we first looked at our victim seeing the waistband of his underwear was around his neck,” Pottawatomie County Sheriff Mike Booth said.
“This was not mutual combat,” said District Attorney Richard Smothermon at Thursday’s sentencing hearing. “This was not self-defense. It was pure aggression.”
But Davis had never intended to kill St. Clair, said Davis’ attorney Bob Wyatt.
Judge John G. Canavan Jr. said he would reconsider Davis’ sentence at a review in 12 to 18 months.
Davis was initially charged with first-degree murder in January 2014, and pleaded guilty to the lesser charge of manslaughter in May.