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Wednesday, 29 April 2009 |
By MIKE BURKHOLDER
Managing Editor
LIMA — An attorney for a Chickasaw man sentenced to 24 years in prison for his role in the deaths of four Marion Local graduates last year says the sentence is a violation of the 8th Amendment and classifies as cruel and unusual punishment.
Eric Allen, an attorney for Nicholas Schwieterman, argued the stance Tuesday morning in front of judges from the Third District Court of Appeals in Lima. Allen, along with Wapakoneta attorney John Poppe, are appealing Schwieterman’s sentence on the grounds it violated his Constitutional rights against cruel and unusual punishment.
“When you look at the sentence now, the judge determined 24 years is appropriate and arbitrarily picked a number of six years for each person who passed away without any logic,” Allen said. “He doesn’t have to justify his sentence.”
Schwieterman was found guilty of four counts of involuntary manslaughter and one count each of operating a motor vehicle while under the influence of drugs or alcohol and possession of drugs.
As a result of a plea agreement — to which he pleaded no contest to the charges — a slew of other charges related to the fatal collision were dismissed.
The charges stemmed from a March 15, 2008, incident where Schwieterman ran a stop sign and his vehicle collided with one carrying Jordan Diller, 19, of Maria Stein; Jordan Moeller, 18, of Celina; Jordan Goettemoeller, 19, of Maria Stein and Bradley Roeckner, 19, of Celina.
The four teens were pronounced dead at the scene. During the initial court proceedings, it was revealed Schwieterman was drunk and high at the time of the collision.
While Allen argued the sentence was too severe, Judge John Williamowski asked the attorney what be believed to be a fair sentence for the crimes. Allen said he believed sentencing Schwieterman to four consecutive terms of six years was a violation of the 8th Amendment.
“I would think a sentence of between 10 to 15 years in this case would be appropriate,” Allen said in response to the question.
Allen also argued the sentence would put more strain on the correctional system than if Schwieterman received a lesser prison term. Allen also argued the judge in the case — Mercer County Common Pleas Judge Jeffrey Ingraham — failed to examine all aspects of the case when doling out the sentence.
“In this case, it illustrates that if he’s given unbridled discretion, it creates a process that’s not looking at the best interest of the community and state of Ohio,” Allen said. “He’ll (Schwieterman) be 46 and have no training.”
Mercer County Assistant Prosecuting Attorney Matthew Fox countered Allen’s claims and said Ingraham considered all the facts and testimony of the case before issuing a sentence. Fox said Ingraham referenced Schwieterman’s own testimony during his sentencing hearing.
“The court obviously made reference to the testimony and found the defendant to be genuinely remorseful,” Fox said. “It’s obvious from the transcripts Judge Ingraham considered everything that was appropriate.
Fox revealed Schwieterman had a blood alcohol content of .134 at the time of the collision. He also said Schwieterman had a level of cocaine in his system 53 times the legal limit in OVI cases and a marijuana level of three times the legal limit.
“Those facts are important to remember,” Fox said.
Fox dismissed Allen’s argument that the 24-year term constitutes cruel and unusual punishment. The 8th Amendment, Fox said, guards against torture.
“He cannot convince this court, or can he convince me, that this sentence is cruel and unusual,” Fox said. “He just simply cannot.”
Fox said the appeal is a matter of Schwieterman being upset at his sentence — not an error by a judge. Fox said Ingraham did not abuse his discretion and the sentence, given the severity of the case, is appropriate.
“His (Allen’s) arguments are like fighting out of a paper bag,” Fox said. “What we have here is a defendant who is upset he is sitting in prison for a long time. Twenty-four years, in my opinion, was a good deal and Mr. Schwieterman needs to serve that out.”
Schwieterman is currently incarcerated in the Toledo Correctional Institution. He is scheduled for release Oct. 10, 2032. |
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Last Updated ( Tuesday, 19 May 2009 )
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