4/21/11 Gresser pleads as jury deliberates, gets 10 years in prison
By Nick Sabo
April 21, 2011
328
SUMMARY: Sentence is maximum for involuntary manslaughter
With a jury still deliberating his case, a Smithville man pleaded guilty Thursday April 21 to causing the death of his 18-month-old daughter.
Timothy Gresser, 22, 7934 Five Points Road, pleaded in Wayne County Common Pleas Court to one count of involuntary manslaughter, a first-degree felony. He was sentenced immediately after his plea to 10 years in prison by Common Pleas Judge Mark K. Wiest.
The charge stems from Sept. 28, when Gresser caused injuries to his daughter, Kali Gresser, that resulted in her death. According to medical evidence presented in Gressers trial, Kali was struck in the head approximately 15 minutes to one hour prior to a 911 call placed by Gresser at 3:27 p.m. Gresser and Kali were alone in the farm house on Five Points Road since at least 8:30 a.m.
Gresser entered the plea the day after a jury began deliberations following the three day trial.
The trial failed to establish how Kalis injuries were caused. When interviewed by Wayne County sheriffs deputies, Gresser presented at least six different scenarios, at first claiming Kali fell from her crib. In later versions, Gresser said he shook and shoved Kali, then said he pushed her down the stairs. He testified Wednesday that he kept changing his story because he was covering up for Katie, who he said caused the fatal injuries that morning or earlier.
None of the scenarios matched with the medical evidence.
John Johnson Jr., Gressers attorney, said Katie had a controlling hold over Gresser and he was completely pliable to her will. In his closing arguments Wednesday to the jury, Johnson said Gresser was led by Katie from the start to lie about what happened and invented the initial story that Kali had fallen from her crib. She continued coaching Gresser after his arrest Oct. 4, and this was why she visited him regularly at the jail, Johnson said.
Gresser was initially charged with murder and faced 15 years to life in prison. In exchange for the guilty plea to involuntary manslaughter, Ohio Attorney General Prosecutor Paul Scarsella agreed to drop the murder charge and two counts of endangering children. A fifth charge, felonious assault, was dropped by Wiest at the end of testimony Wednesday.
Johnson declined comment as to what brought about the plea. He asked Wiest for leniency, noting that Gresser does not have a prior criminal record.
He made some bad choices, obviously, but he is turning himself around to the person he used to be, Johnson said.
Scarsella asked for the maximum sentence of 10 years.
Wiest said Gressers blaming Katie was shameful given the weight of the evidence. However, Wiest said he does not believe Gresser intentionally killed Kali.
Obviously, you did not purposely cause the death of your daughter, Wiest said. Unfortunately up to this point we still dont know what happened in that farmhouse on Sept. 28, 2010. What is clear is, for some reason, you lost control of yourself and caused your daughters death.
Wiest said he will strongly consider releasing Gresser when he is eligible for parole in five years if he gives a truthful account of what happened.
