Ketcher

sentenced

in Saffert

killing

Springfield man

gets nearly 30

years in prison

By KURT NESBITT

Journal Staff Writer

NEW ULM -- One of the two Springfield men accused of taking part in the killing of 79-year old Edwin "Speedy" Saffert was sentenced to almost 30 years in jail Monday morning.

There were few words and few tears as Brown County District Judge John R. Rodenberg sentenced James Robert Ketcher, 28, for his part in the September killing.

The sentence followed a plea agreement that reduced the charges against Ketcher to second-degree aiding and abetting intentional murder. Ketcher was previously facing six counts of first-degree murder as a result of an October indictment.

Ketcher was sentenced to 346 months in prison and was ordered to pay $7,500 in restitution to the Minnesota Crime Victim's Fund.

Saffert was found beaten to death in his Springfield home on the morning of Sept.16, 2002, by a city utilities worker who stopped by to check Saffert's electricity meter.

Police later received an anonymous tip that two people were overheard talking about robbing Saffert's home.

Court complaints indicate that Ketcher and Daniel Ramon Pena, 16, accused each other of killing Saffert. They claimed they served as lookouts for what was supposed to be a robbery. Police later found the wooden rod used to kill Saffert in the Cottonwood River, but they were unable to lift fingerprints although some blood was found.

Defense attorneys earlier tried to get the charges against Ketcher dismissed. They argued that police took statements from Ketcher in violation of his rights by failing to remind him that he had the right to remain silent. Rodenberg denied their motion on Feb. 18.

Ketcher struck a deal with prosecutors in April. Rodenberg advised Ketcher that he would take no plea offers after the trial started. He took a plea agreement that prosecutors said was offered before a Brown County grand jury indicted him and Pena on first-degree murder charges on Oct. 17, 2002.

The judge gave Ketcher credit for 258 days of jail time served and told him he has 90 days to appeal his sentence.

Ketcher must serve a minimum of 230 months before he is eligible for parole and could see intense supervised release in 115 months. He could wind up serving the entire sentence if he misbehaves in prison or violates his parole, warned Rodenberg.

Ketcher told the court he is sorry for Saffert's death and said the killing wasn't supposed to happen.

"He had no idea of what was going on," Ketcher said of Saffert. "There wasn't supposed to be anyone there at all."

Rodenberg noted that Ketcher never went to trial and that the identity of Saffert's killer is still unclear. However, he said that question could have an answer soon.

The judge also said that while Ketcher may have only meant to rob Saffert's home, Saffert was still there and was killed in his bed.

"Anything less that 346 months wouldn't be appropriate," the judge told Ketcher.

According to Brown County court documents, Pena is scheduled for two court hearings later this month with the possibility of a jury trial in July.

The judge took the prosecution's recommendations when issuing Ketcher's sentence. Ketcher's past criminal history, which includes at least one prior felony conviction, was a deciding factor in determining how much prison time was appropriate.

According to state sentencing guidelines, the presumptive sentence for Ketcher was 346 months in prison.

"He never intended for anything like this to happen," said defense attorney Scott Kutcher, after Ketcher's sentencing. "He was in the wrong place at the wrong time with the wrong friend."

Brown County Attorney James Olson repeated an earlier comment, saying there are no winners or losers in the Saffert case. He said he hopes to get Pena's case resolved quickly so the Saffert family can have some closure.

Several members of Saffert's family attended Ketcher's sentencing.

They offered no comment, except one woman who said, "It's an extremely sad day."