by peter e. bortner
Keith A. Reber, who tied an Orwigsburg man to a tree in South Manheim Township and left him to die, must spend at least 14 years behind state prison bars for his crimes, a Schuylkill County judge ruled Wednesday.
"Your conduct was ... unmerciful, callous, with total disregard for the precious life of (Bryan R.) Smith," Judge Charles M. Miller told a despondent Reber, 49, of Schuylkill Haven, before sentencing him to serve 14 to 28 years in a state correctional institution. "He is dead because of your reckless and grossly negligent conduct."
Miller's sentence, which the judge imposed at the end of a one-hour hearing, followed a tearful apology by Reber and an equally tearful rejection of it by Smith's mother, Doreen Correll.
"I just want to say ... that I'm extremely sorry from the bottom of my heart," Reber said.
That made no impression on Correll.
"How can you live with yourself, Mr. Reber? You have ruined our family. You didn't give my son a chance. I will never forgive you," she said.
State police at Schuylkill Haven alleged that because he suspected Smith of stealing from his girlfriend, Lisa Keller, Reber led him to the woods behind 294 Meadow Drive, the defendant's home, about 3 a.m. May 28, 2012, brandished a gun, used military-style flex-ties to bind Smith to a tree and left him there.
Smith, 26, died about 10 p.m. after spending the day tied to the tree, prosecutors said.
After a four-day trial presided over by Miller, a jury convicted Reber on June 27 of involuntary manslaughter, kidnapping, conspiracy, recklessly endangering another person and tampering with evidence, but acquitted him of first-, second- and third-degree murder, aggravated assault, unlawful restraint and two counts of simple assault.
Robert J. Kirwan II, Reading, Reber's lawyer, asked Miller to impose a sentence of four to eight years, saying the jury's verdict meant it did not believe his client intended to kill Smith.
"He never once denied what he was doing," Kirwan said. "He expressed remorse. It's not a murder case."
Kirwan said prosecutors were not seeking justice.
"They're hoping not for fairness here but for vengeance," he said.
Assistant District Attorney Michael A. O'Pake, who prosecuted the case with Assistant District Attorney Rebecca A. Elo, said justice demanded a stiff sentence for Reber. He said Reber's remorse came too late to help anyone but himself.
"I believe that they are crocodile tears, Your Honor," O'Pake told Miller. "His actions were callous, they were deliberate, they were pre-planned."
Ralph Martin, Smith's grandfather, also spoke up for his grandson, saying Reber, whom he called "that animal," had corrupted him.
"He was a good boy," Martin said.
After the hearing, Kirwan said the result was unfair to Reber, and that he would discuss with his client whether to file an appeal.
"We're disappointed that the judge agreed with (prosecutors)," he said. "The commonwealth's recommendation ... is an example of how they're trying to make up for (Reber's acquittal on the murder charges)."
On the other hand, O'Pake said the result achieved justice.
"We're satisfied with the sentence," he said. "We believe he is going to serve the majority of that 28 years behind bars and that he may not see the light of day as a free man. It's our hope that this sentence will afford the victims some degree of healing, that they will be able to put this incident behind them and get on with their lives, but always remembering the good times they had with Bryan Smith."
Miller's sentence, which also requires Reber to pay costs, $50 to the Criminal Justice Enhancement Account and $10,364.70 restitution to Correll and to submit a DNA sample to law enforcement authorities, actually includes four separate prison terms, which the judge made consecutive to each other: six to 12 years for kidnapping, five to 10 years for conspiracy, 2 1/2 to five years for involuntary manslaughter and six to 12 months for tampering with evidence.
Reber still faces a nonjury trial on Sept. 12 before Miller on a charge of prohibited possession of firearm stemming from the incident. O'Pake and Kirwan agreed to have that charge severed from the main case and decided solely by Miller.Defendant: Keith A. Reber
Age: 49
Residence: Schuylkill Haven
Crimes committed: Involuntary manslaughter, kidnapping, conspiracy, recklessly endangering another person and tampering with evidence
Prison sentence: 14 to 28 years in a state correctional institution