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Noel Powell III pleaded guilty on Wednesday to second-degree manslaughter, an act committed in the heat of passion with reasonable provocation, before Superior Court Judge Darlene Pereksta.
The plea agreement calls for Powell to serve 85% of the seven years - 5 years and 11 months - before he’s eligible for parole.
Powell was indicted on first-degree murder and faced decades in prison in the Nov. 14, 2017, death of Devin Smith, 23, who was slain at the Applebee’s on Route 1 (Brunswick Pike) in Lawrence Township.
At the time, authorities described the crime as an execution because Smith shot at point-blank range.
Shortly after the crime, NJ Advance Media reported that Powell shot Smith due to a long simmering dispute between them and their families.
Casey DeBlasio, spokesperson for the Mercer County Prosecutor’s Office, said both the state and the defense obtained expert evaluations of Powell.
“Based on the opinion of both experts regarding Powell’s state of mind at the time he committed the crime, the state felt it was unlikely to successfully prove first-degree murder to a jury, thereby necessitating the manslaughter plea,” DeBlasio said.
Powell is the older brother of Myles Powell, a former Seton Hall University basketball star who played high school ball at Trenton Catholic Academy.
Myles Powell, currently plays for the NBA's Westchester Knicks.
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