A gang member originally sentenced to 60 years in prison for murder could be out after 17 years after he was re-sentenced today.
ELIZABETH -- A reputed street gang member who was convicted of murder and sentenced to 60 years in prison was re-sentenced today under a plea agreement that cut his sentence to 20 years.
Omar Holmes, now 29, of Jersey City, will be eligible for parole after serving 17 years under an agreement that came after a state appeals court threw out his original conviction.
Holmes, who authorities say is a member of the Bloods street gang, was convicted in 2009 for the April 3, 2006 fatal shooting of William Green, 26, of Newark, during a fight in the parking lot of a nightclub, then called Club Fight, on Routes 1&9 in Elizabeth.
Superior Court Judge Scott J. Moynihan today noted that shooting resulted from a minor dispute in the bar.
"This was a bump that turned into a argument that turned into a fist-fight, and then you brought a gun into it," Moynihan told Holmes before imposing the new sentence.
Moynihan noted that the Holmes had five prior indictable offenses in his criminal record. The judge said Holmes must serve about 17 years of the 20-year term before being eligible for parole. As part of the agreement, Holmes pleaded guilty to a charge of aggravated manslaughter.
Holmes was arrested for the shooting in January 2007 and has been in custody ever since. All that time is credited toward his prison sentence.
In 2013, a three-judge state appeals court panel threw out the murder conviction, stating that the original trial judge wrongly allowed the jury to hear evidence about Holmes' gang affiliation.
Jersey City members of the Bloods gang began to brawl with Green and members of his family in the parking of the nightclub, authorities said.
Holmes shot Green five times shortly before 2 a.m., and then fled through the crowd, according to the Union County Prosecutor's Office.
Although the trial judge instructed the jury that references to the Bloods should not create a negative inference against Holmes, the appeals court said those comments were not sufficient.
Holmes today declined to comment before Moynihan imposed the new sentence. He was represented by the Public Defender's office in both the appeal and the re-sentencing.
Both the prosecutor's office and the Union County office of the public defender declined to comment when asked about the shorter sentence under the plea agreement.
Tom Haydon may be reached at thaydon@njadvancemedia.com. Follow him on Twitter @Tom_HaydonSL. Find NJ.com on Facebook.