by peter e. bortner
Despite tearful pleas from his mother, Daniel W. Dull, who is already headed to state prison for his part in the killing of an Orwigsburg man in May 2012, will spend more time behind bars after a Schuylkill County judge revoked his probation Friday in another case.
"When you decided to get into trouble, you did it in a big way," President Judge William E. Baldwin told Dull, 26, of Orwigsburg, before sentencing him to serve six to 12 months in a state correctional institution.
Baldwin made the sentence consecutive to the one imposed on Dull for his role in the death of Bryan R. Smith, 26.
In that case, Dull pleaded guilty July 9 to involuntary manslaughter and conspiracy, while prosecutors withdrew charges of aggravated assault, kidnapping, unlawful restraint, recklessly endangering another person and simple assault.
Judge Charles M. Miller accepted Dull's plea and sentenced him to serve three to six years in a state correctional institution, plus an additional four years on probation.
State police at Schuylkill Haven charged Dull and Keith A. Reber, 49, of Schuylkill Haven, with taking Smith, 26, from the Schuylkill Haven home of Reber's girlfriend, Lisa Keller, to Reber's residence at 294 Meadow Drive, South Manheim Township, in the early morning hours of May 28, 2012.
Once there, police said, Reber and Dull took Smith behind the house to a wooded area, where Reber used military-style flex-ties to bind Smith to a tree about 3 a.m. and left him there. Reber returned about 11 p.m. to find Smith had died, according to police.
After a four-day trial at which Dull testified for the prosecution, a jury of eight women and four men convicted Reber of involuntary manslaughter, kidnapping, conspiracy, recklessly endangering another person and tampering with evidence, while acquitting him of first-, second- and third-degree murder, aggravated assault, unlawful restraint and two counts of simple assault.
Miller, who presided over that trial, is scheduled to sentence Reber at 2 p.m. Aug. 21.
"The defendant did provide substantial cooperation," Assistant District Attorney Douglas J. Taglieri said in asking Baldwin to impose a sentence of two to four years concurrent to his existing one.
However, that was not enough for Baldwin.
"So you're proposing giving him nothing," Baldwin said. "I'm not willing to accept the recommendation."
Margaret Gradwell, Dull's mother, wept as she asked Baldwin to be merciful on her son.
"He just gets caught up in situations he has no way to get out of," she said. "He deserves a break. He's kind-hearted ... does a lot of charity work."
Dull also told Baldwin he was sorry for what had occurred.
"I just want to apologize to the court," he said. "I just got wrapped up in something I didn't belong in. I took responsibility."
In his original case, Dull pleaded guilty May 20, 2008, to three counts each of corruption of minors and indecent assault and two of selling or furnishing liquor to minors. Prosecutors withdrew three counts of statutory sexual assault and one of involuntary deviate sexual intercourse.
Baldwin sentenced him to serve four to 23 months in prison and an additional five years on probation, pay costs and $50 to the Criminal Justice Enhancement Account and submit a DNA sample to law enforcement authorities.
Schuylkill Haven borough police charged Dull with having sexual contact with a teenage girl eight times between July 1, 2007, and Sept. 30, 2007, at his residence.
Assistant Public Defender Christopher W. Hobbs, Dull's lawyer, declined to comment on the case after Friday's hearing.
Assistant District Attorney Rebecca A. Elo said prosecutors initially suggested no more prison time because of how Dull had helped them convict Reber.
"We recommended the concurrent sentence because of the substantial cooperation with our office, but we recognize that it was the judge's ultimate decision," she said. "It was a fair sentence."Defendant: Daniel W. Dull
Age: 26
Residence: Orwigsburg
Crimes committed: Three counts each of corruption of minors and indecent assault and two of selling or furnishing liquor to minors
Prison sentence: Six to 12 months in a state correctional institution, consecutive to current sentence