In a plea agreement, Grant James Spencer pled guilty on Tuesday to voluntary manslaughter and was sentenced to 20 years in prison for the Aug. 28, 2014, beating death of fellow Georgia Southern University student Michael Gatto.

After hearing emotionally charged testimony from Gatto’s family, including his mother, as well as from Spencer himself and his family members, Bulloch County Superior Court Judge William Woodrum handed down the sentence. The plea agreement reduced the original charge of felony murder to voluntary manslaughter, and the charge of aggravated battery was “nolle prossed,” or not prosecuted.

Ogeechee Judicial Circuit Assistant District Attorney Daphne Totten said during court that had Spencer been convicted of the original charges, he could have faced life in prison without the possibility of parole.

Spencer worked as a bouncer at Rude Rudy’s, a bar near the GSU campus that has since closed, but court documents say he was there off duty on the night Gatto was killed. Totten testified that he was asked by bar management to remove Gatto from the facility and that video shows an unprovoked attack in which Spencer struck Gatto several times in the head. Then, Gatto was dragged outside and “left for dead,” she said.

Both Gatto and Spencer were allegedly drinking alcohol that night and were underage. Spencer was 20; Gatto was 18.

Gatto died of skull fractures and blunt force trauma, Totten said.

Victim impact statements

Members of both Gatto’s and Spencer’s families were visibly pained as they gave victim impact statements in court Tuesday.

Spencer entered the courtroom handcuffed and shackled and sat quietly as he listened to his victim’s family members talk about the emotional toll Gatto’s death took on them.

Katherine Gatto, Michael Gatto’s mother, displayed deep anger and pain as she spoke.

“This is a parent’s worst nightmare,” she said, adding that her oldest son, one of four children, was “a shining light in my life.”

Painting a picture of her son — who she said was an artist and athlete — Katherine Gatto said that he was looking forward to college but now would never graduate.

“The 20 hours I spent by my son’s lifeless body (as he lay in a hospital bed on life support) replays in my head,” she said, her voice strained.

Gatto died Aug. 31 in a Savannah hospital from injuries sustained in the beating three days earlier.

“Like any parent, I had dreams for him,” she said. “When Grant Spencer killed my son, he killed those dreams. … Grant Spencer had no right to lay his hands on my son.”

Images of her son being beaten to death “keep me from sleeping at night,” she told the court. “It is difficult for me to celebrate, socialize or smile. Grant Spencer has given me a life sentence.”

Catherine Zilfi, Gatto’s maternal grandmother, was also eloquent in describing her grief.

“Michael was a peaceful and non-confrontational person,” she said, adding that the Gattos are very close and that her grandson’s death has affected the entire family immensely.

Two of Gatto’s aunts also spoke, though Gatto’s father, Michael Gatto Sr., declined to give a statement. He appeared overcome with grief as he sat in the courtroom.

Elaine Spencer Unzicker, Spencer’s older sister, expressed sympathy for Gatto’s family and told the court that she would “be there” for her brother “if/when he returns to society.”

Grant Spencer’s mother, Christy Spencer, also addressed the court and Gatto’s family.

“There is no words I can say to take away the pain. …,” she said. “I pray every day you can find some peace.”

Her son was not violent, she said.

“It was not in his heart to ever hurt anyone. He wasn’t the type of person to ever hurt another human being,” she said. She blamed her son’s actions on “misplaced loyalty to a corrupt bar.”

“Hopefully, there is something good to come out of this tragedy,” she said.

Grant Spencer’s father, Ron Spencer, also addressed the victim’s family.

“I’d like to apologize to the Gatto family,” he said. “This has not only ruined your family, it has ruined ours.”

He said his son grew up in a Christian home.

“It wasn’t just Grant being a mad animal, trying to kill someone,” he said. “I know in his heart (he knows) he never should have touched him. He did nothing but good for people. He shouldn’t have been there. None of them should have been there.”

When Grant Spencer took the stand, he was overcome with emotion as he expressed his remorse. As he sobbed, he said, “I wish I could explain. … I’m sorry. I never meant for this to happen. I wish I could take it all back.

“I sit in my jail cell every day and go back to what happened,” he continued. “It is hard for me to live with. It is a pain so bad, it is almost indescribable. I wish I could go back and change everything and make it all better. Every day I sit and think about this. Every night I dream about this. I let my family down, I let my friends down, I let God down.”

Katherine Gatto’s reaction

Woodrum asked Spencer’s attorneys, David Wolfe and Matt Hube, about their client’s criminal history, which they said included a DUI and charge for underage possession of alcohol. Spencer did not know Gatto before the incident and was employed at Rude Rudy’s for 11 months before the night Gatto was killed.

Wolfe petitioned the court to sentence Spencer under the Youthful Offender Act, which would allow for special counseling and rehabilitation during his prison term. Totten said the state did not support the request, adding that the condition could result in an early release for Spencer.

Woodrum denied the request and sentenced Spencer to 20 years to serve in prison, with the possibility of parole, and with credit given for the time he has already served in jail since his arrest in 2014.

Katherine Gatto said she was unsatisfied with the sentence, showing controlled anger and emotional pain as she spoke to a reporter. No amount of time served could replace her son, and Spencer took 70 potential years from her son’s life, she said.

She blamed, in part, the city of Statesboro for Michael Gatto’s death.

“There are way too many people who could have prevented this,” she said. Rude Rudy’s “was a bar posing as a restaurant but had no kitchen. … Underage kids were allowed to drink, and ‘over 21’ wristbands were given to them to give to their friends.”

The bar had “numerous violations, and the city did nothing,” she said. “None were heard before City Council. No action was taken, and the city of Statesboro set the stage for this tragedy.”

Potential lawsuit

Attorneys for the parents and estate of Michael Gatto filed notice in February 2015 with the city of Statesboro alleging the city is to blame for not enforcing its own alcohol laws and is liable for more than $11 million in damages.

While no lawsuit has been filed, attorneys with four Atlanta-based law firms signed an “ante litem” notice, received by the city on Feb. 20, 2015, in compliance with a six-month deadline that would have expired Saturday. The action keeps open the possibility of a lawsuit.

Ante litem means “before litigation,” and such a notice is required under Georgia law before a lawsuit may be brought against a city. The plaintiffs have two years from the filing to bring suit.

Herald reporter Holli Deal Saxon may be reached at (912) 489-9414.