Adam Huening
Greensburg Daily News
Greensburg —
The saga of Dennis Imel Jr., which began in the light snow of January, came to an end on Thursday when he was sentenced for his father's death.
After hearing arguments from Deputy Prosecutor James Rosenberry, Imel's attorney Frank Hamilton and a number of character witnesses, Superior Court Judge Matt Bailey concurred with the recommendation proffered by the Department of Probation. Imel received eight years, the maximum for a Class C felony conviction, minus the 234 days already served in Decatur County Jail. Bailey cited the violent nature of the crime, which involved a hand gun, and the presence of alcohol abuse in this and Imel's prior two criminal cases as his reasoning for levying the full sentence.
Imel was convicted on July 28 of Reckless Homicide, a lesser charge requested by his defense for the jury to consider when deliberating the original murder charge. On Jan. 3, Imel and his father Dennis Imel Sr., entered into an altercation at the home of Wayne Cain. That argument ended when Imel produced a handgun. After a struggle, the gun went off and Imel Sr. slumped to the floor, dead of a gun shot wound to the neck. Imel Jr. fled the scene, tossing the gun and magazine in separate locations and made it to the Ohio border before coming back to Greensburg and awaiting police to arrest him.
However, Hamilton argued the details of the volatile relationship father and son had was never brought to light in the trial and wanted to ensure the court had the facts before making a determination. Hamilton presented Imel's mother, aunt, sister and ex-girlfriend who is also the father of his two children. All attested to the violent nature of Imel Sr. when he was drinking, like he was the night of his death. They also described Imel Jr. as a 'family man' and great father who cares deeply for his children. Hamilton also hinted at the fear the son had of his father. Angie Trepanier, Imel's ex and the mother of his two children, dated and lived with him for nine years. She detailed how Imel Sr. would threaten his son on a regular basis. She noted a story that happened last year involving her daughter. The girl returned from a visit with her father and grandfather and said they couldnÕt go back to Cain's house.
"She told me '(Imel Sr.) threatened to beat daddy to death with a shovel,'" Trepanier said.
Imel testified on his own behalf. He attested he had been convicted for minor consumption as a juvenile and an operating while intoxicated charge in 2006.
He noted that he was used to seeing his children three or four times a week but has not seen them since entering jail 234 days ago. During that time, he said he has realized he has taken freedom for granted and now understands the errors of his way. However, he still maintained a sense of innocence in the crime as well as his remorse for how it all played out.
"It was a horrible accident. I'd take it back if I could. I had a lot of good things going for me at the time. I apologize to my family for all the things they've had to go through. I'm sorry my kids are suffering," Imel said.
Rosenberry noted in his closing argument Imel's reference to the crime as an accident as well as all the letter's written on his behalf that seem to blame the victim for his own death proves Imel has not accepted responsibility.
"There is a theme," Rosenberry said. "The defendant does not take responsibility for his actions. Accepting responsibility is essential for any law-abiding citizen."
Rosenberry asked for the full sentence as advised in the report.
Hamilton argued in his closing statement that Imel maintaining his innocence did not mean he was excusing his actions. Hamilton also took issue with the sentencing advisory report, noting there were no letters or comments included on Imel's behalf.
"There is not one report from anyone who supports Dennis. It is completely one-sided," Hamilton said.
Hamilton felt this case was unfortunate and those involved, including Imel and his children, had suffered enough.
"To incarcerate him further, in my opinion, would be making his children the victims in this case," Hamilton said.
Bailey, however, was unmoved. He stated many people who commit crimes have children. Also, the use of a firearm and the continued use of alcohol after his OWI conviction presented a dangerous pattern. Bailey decided to follow the advisory report and handed down the eight-year sentence.
Rosenberry was satisfied with the outcome in the homicide case.
"It's what the state recommended based on factors quoted as aggravating things the court should consider," Rosenberry said. "We feel it's appropriate."
Defense attorney Amanda Canessa said the defense team had no comment on the sentence. However, she noted, they will explore all their options moving forward. Imel still has 30 days to appeal the conviction as well as the sentence.
