Attorney Bill Smith worked out a plea agreement six years ago so Paul Duran Jr. would be young enough to enjoy life after he got out of prison.

Smith said he’s sad and disappointed Duran will never have that chance.

Duran, 23, was beaten and found dead Wednesday night just 15 minutes after being put in a cell at the Oklahoma State Penitentiary with a man he testified against, a state prisons spokesman said.

Duran was in an altercation with Jessie James Dalton, 32, authorities said.

Dalton was serving a life sentence for the March 2002 shooting death of Billy Ray Wayne, 19. Dalton, then 25, Duran and Warren Alan Plank, 16, carried guns as they broke into Wayne’s Oklahoma City home and demanded money from the family.

Duran testified against Dalton in exchange for a lesser charge and a 28-year prison term, Smith said.

"He was a scared 16-year-old kid who was hanging out with the wrong guy,” Smith said.

Smith said Duran was extremely remorseful over Wayne’s death.

"I remember he apologized to the young man’s family,” Smith said. "If he could have changed what happened that night, he would have.”

Relatives seek peace

Duran’s sister, Candace Duran, said the family is treating his death as a private matter. Smith has been in contact with family members since Thursday. They’re crushed and ask the media to give them time to grieve, he said.

Smith said he’s trying to find out how Duran ended up in a cell with Dalton. Since Duran testified against Dalton, the two men were ineligible to share a cell.

That type of information is normally listed in a prisoner’s file, and it’s the responsibility of the supervising guards to check the file before assigning a prisoner a new cell mate, state Corrections Department spokesman Jerry Massie said.

He said to his knowledge, no agency employees were put on suspension in connection with Duran’s death. The district attorney will determine whether to file charges.

Contributing: Staff Writer Michael Kimball