Ketcher accepts plea bargain in Saffert murder

By KURT NESBITT

Journal Staff Writer

NEW ULM -- With a two-week jury trial on first-degree murder charges only two days away, James Robert Ketcher changed his mind and struck a bargain with prosecutors late Friday.

Ketcher, 28, of Springfield, was in Brown County District Court Thursday for a short pre-trial hearing on several serious felony charges stemming from the Sept. 15, 2002 murder of 79-year old Edwin "Speedy" Saffert in Springfield.

He returned to court one day later and entered a plea of guilty to one count of aiding and abetting second degree murder Friday. Prosecutors agreed to dismiss all other counts against Ketcher in the case. Ketcher may also testify against the other suspect in the case, Daniel Ramon Pena, 16, also of Springfield.

The case began over nine months ago when Springfield city utilities worker found Saffert's body in the bedroom of Saffert's house when he came to check the electrical meter and nobody answered the door. The utilities worker then called police, whose investigation soon received anonymous tips that both Ketcher and Pena were involved in a plot to beat and rob Saffert.

Ketcher and Pena were indicted by a Brown County grand jury on Oct. 17 in New Ulm, in which that jury returned six-count criminal indictments against both men that included two first-degree murder charges.

Defense attorneys attempted to get the criminal charges against Ketcher dismissed, claiming that the statements which eventually lead to the charges were taken in violation of Ketcher's constitutional rights because investigators failed to advise him of his Miranda rights (that he had the right to remain silent, the right to an attorney and that any statements he made could be used against him in court). Brown County District Judge John Rodenberg denied the motion on Feb. 18.

Rodenberg is considering a similar motion by Pena's attorney. A trial date for Pena has not been set.

Rodenberg reminded Ketcher on Thursday that Friday would be his last day to enter a plea to the charges. According to Brown County Attorney James Olson, it was the judge's reminder that caused Ketcher to think twice about his decision to stand trial in front of a jury.

"This agreement was on the table before the indictment," he told members of Saffert's family. "But he started having second thoughts after what he heard the judge say on Thursday."

Attorney Robert Docherty of New Ulm, who represented Ketcher from the beginning of the case, said the judge's remarks played a role in Ketcher's decison but were not the deciding factor that lead to the plea.

"As he got closer and closer to the trial, he realized that there were a lot of people who were going to say things that were harmful about him. The more and more he thought about it, he was conflicted because he was not the one who did it but he was being held responsible and he had a tough time with that."

While on the stand Friday afternoon, Ketcher told the court that there were at least four people who discussed robbing Saffert. Originally, the plan was simply to rob his house after knocking him unconscious. He said that Daniel Pena woke him up on the morning of the killing and persuaded him to come to Saffert's house. Ketcher said the two were anticipating that no one was home that morning.

Ketcher stated that he simply acted as a lookout during the robbery, while Pena entered the house and killed Saffert.

"I went in (Saffert's bedroom) and my stomach just flipped. I said 'Let's get out of here,'" Ketcher said.

Ketcher remembered hearing what he described as a "smack-smack" sound, which he couldn't identify at the time he heard it but later realized it was the sound of an axe handle striking Saffert.

Members of Saffert's family expressed disappointment at the plea, saying Ketcher should be sentenced to life in prision for killing their relative.

Said Olson, "There is very little satisfaction. There are no winners here. Mr. Saffert is dead and Mr. Ketcher is 28 and looking at a presumptive sentence of 306 months. He won't be young when he gets out of prison."

Rodenberg set a sentencing hearing for Ketcher for early June. As part of the plea agreement, Olson is recommending the presumptive sentence under the judicial sentencing guidelines of a minimum 306 months (25.5 years).