The man accused of shooting 32-year old Josh Dibello in the back of the head in July entered a plea agreement Tuesday morning in Erie County Court. David Patrick McHenry pled guilty to third degree murder in front of Judge William Cunningham. He may spend up to 45 years in prison. In exchange for the plea, other charges were dropped. It was an emotional day for everyone involved. The incident took place in the parking lot of Hermans Cafe at East 28-th and Parade streets back on July 20.