05-20-2004Despite defense pleas to the contrary, David Reed, 31, Syracuse, was given the maximum sentence allowed under his plea agreement and law. Reed was sentenced Wednesday for two counts of neglect of a dependent child causing serious bodily injury.
Kosciusko Circuit Court Judge Rex Reed accepted the agreement, ordering David Reed to serve two 20-year prison terms, to be served concurrently. Five years of the sentence was suspended for probation.
David Reed’s sentence follows the March 1998 deaths of his two young sons, Austin, 3, and Justin, 1. The boys died in a suspicious house fire at David Reed’s Majestic Way, Syracuse, residence. Police discovered the boys were locked inside their bedroom at the time.
The fire originally was ruled accidental by county investigators, but a state police and fire marshal’s investigation determined, in their opinion, it was arson.
For the deaths of his sons, David Reed was indicted by a grand jury on two counts of murder. Those charges were reduced in accordance with the plea agreement. If the case went to trial, prosecutors intended to ask for life in prison, without parole, if David Reed was convicted.
Prosecution statements Wednesday said the state still believes that the fire was an arson and was not started by the boys, but circumstances keep that case from being proved.
“I firmly believe we can prove the arson, but we can’t prove who did it. That’s what Mr. Voelz (David Reed’s attorney) is going to argue, that’s exactly what he’ll argue, whether or not he’ll admit it,” special prosecutor Michael Christofeno said, explaining why he favors the plea agreement.
“... It’s the very least of what we could have proved,” Christofeno said.
Christofeno made brief mention of evidence collected during the state police investigation that previously was unreleased about the alleged crime scene.
State investigators reportedly discovered a pour pattern on a floor, determined the fire had at least two points of origin, that it burned so hot it melted insulation into glass (something unexplainable without accelerant), and had photos of a gasoline can at the residence.
A lighter found in the burned house by county investigators also was reportedly mislabeled. An evidence label originally said the lighter was found in the boys’ bedroom, but that word was crossed out and replaced with dining room, indicating the boys did not start the fire.
J. Brad Voelz, David Reed’s attorney, asked the court for a suspended sentence, saying David Reed had bettered himself while in jail and is a better person now. David Reed, who has four prior felony and 10 misdemeanor convictions and an alleged drug addiction problem, reportedly obtained a General Education Diploma, reads the Bible regularly, attends Alcoholics Anonymous meetings and underwent counseling while imprisoned that last 1-1/2 years.
To further emphasize David Reed’s good character, Voelz called two witnesses who offered testimony that David Reed is a changed person and was a doting father.
Other statements made during testimony include one where David Reed’s mother, Hai, contradicted a piece of her son’s previous defense testimony regarding the lock on the boys’ door, and when David Reed’s grandfather told of a time when the oldest boy lived with him.
Christofeno asked Hai if she knew the boys were locked in the bedroom.
“No, no she told me after the fire,” Hai said.
Hai furthered her statement saying the locks were placed on the doors by another family member who lived in the house previous to David Reed’s residing there.
The lock was put there to keep kids from going into the room, not from coming out, Hai told the attorney.
The court had previously been told David installed the locks to keep his children, ages 1 and 3, inside their bedroom at night and from running around.
During David Reed’s grandfather’s character witness testimony, Charles Reed spoke of David as a devoted father, saying, “There wasn’t a thing under the sun he wouldn’t do for them (his sons).” Shortly after, Charles Reed made a comment about the oldest boy living with him and his wife for six months.
David Reed’s attorney, J. Brad Voelz, cut Charles Reed off just after he uttered the statement, but Christofeno reintroduced the topic during cross-examination.
Christofeno asked Charles Reed why the boy lived with him. Charles Reed replied that welfare was going to take him away, so “her and her brother came and dropped him off.”
Christofeno asked why David Reed didn’t take custody of the child, if their mother was to lose custody. Charles Reed answered, “I forget.”
Before pronouncing judgment, Judge Reed said he found the case difficult. “I am troubled by this case and have been since day one,” Reed said.
Reed called the state police’s investigation “thorough” and to be “admired” before saying arson cases are “darn difficult to prove.”
“Perhaps justice is being done on behalf of Justin and Austin,” Reed said, just before accepting the agreement he said was the best option possible, under the circumstances.
In sentencing, Judge Reed said he could not judge a person by character, only actions. He followed that statement saying, “You’re going to face a judgment in a way I can’t be allowed.”
Judge Reed then pronounced legal judgment, citing a complete lack of mitigating circumstances and many aggravators in handing down the maximum sentence allowed.