Man Gets 20-40 Years for Assault
David Kellar, 51, of Northern Regional Jail, was sentenced Monday, May 18, by the Honorable Judge David W. Hummel to 20 to 40 years in prison, as well as 50 years of supervised release.
Hummel denied the defense’s motion for a new trial.
Neither Defense Attorney Brett Ferro nor Assistant Prosecuting Attorney Carl “Worthy” Paul disputed the pre-sentencing report filed by Probation Officer Bryan Hostuttler.
Kellar argued, in regards to his sentencing, that when he confessed to the victim’s mother, and along with the police, of his crimes, he didn’t know what he was talking about. “I froze up,” Kellar stated, adding that with the work he did for the fire department, he couldn’t sleep at night and he drank frequently.
“I just wanted to prove I was innocent,” Kellar stated of his choice to take his case to trial. “I wanted to prove I wasn’t a threat to society. I’ve been a help for many years, for 30 years.”
Kellar added that his family is missing him and wanting him back home.
“My family has been trying to do whatever they can to get me back. I just don’t know what to say. If you would, I’d like to be confined to my home,” Kellar requested.
Ferro argued that his client would at least get concurrent sentences, probation, or home confinment; Ferro aruged that his client, before this case, did not have a criminal record.
“He would not likely be a threat to society if he would get something less than maximum. He would not be around the alleged victim,” Ferro said.
Ferro added that Kellar has been with the Pine Grove Volunteer Fire Department for 30 years where he was a fire warden, assistant chief, as well as chief. He went on to explain that Kellar has admitted to having problems in life, including with alcohol abuse.
“He’s been incarcerated since June,” Ferro stated of Kellar. “He could stay at a friend’s house on the outside of Pine Grove, on home confinment . . . He’s had a lot of problems, you know. There was testimony of Social Security Disability, high blood pressure, and nerves. He’s done society a lot of good. He’s also had some problems. If he would get less than maximum, he would not be likely to burn this court or be a harm to society. He’d be grateful for that opportunity.”
Prosecutor Paul stated that Kellar stands guilty of sexually assaulting the victim in the case.
“He confessed more times than he’s been convicted of. He confessed (to the victim’s mother). He confessed to the officer. That same day, he confessed to another officer. Then he confessed another time. Your honor, the man acknowledges the crimes he committed. He was indicted for the ones he admitted. There may have well been more, based on the victim’s impact statement. We chose to proceed with the ones he admitted to,” Paul explained.
Paul went on to say that Judge Hummel himself had “noted the traumatization of the victim.”
“That’s the result of what (Kellar) did,” Paul stated. “He altered that child’s life, so much so that we all saw how traumatized she was during testimony.”
Paul explained that he was advised, but did not observe, that Kellar was engaged in behavior during the victim’s testimony that the victim could have reasonably assumed was intimidation toward her.
“He was clasping his hands as if in prayer,” Paul stated.
“I did not see that. I’m advised that it occurred. What I did observe was the most traumatized victim I’ve ever had testify. (Kellar) needs to own up to what he did and serve consecutive sentences,” Paul explained.
When given a chance to speak on his own behalf again, Kellar once again reiterated that he is not guilty.
When sentencing Kellar, Hummel explained that he has his personal opinion as to what he believes should happen to those who perform “these sick, twisted acts to a child.”
“Professionally, I set that aside and don’t discuss it,” Hummel added.
“You say you didn’t do it. Well, you did. Infact, you told (law enforcement) in a written statement that you did,” Hummel continued.
“I’m sure in your sick, twisted mind that the only way you can look at yourself in the mirror is to say it didn’t happen, but it did. And I, too, saw this gentleman during the course of the testimony, clasping his hands as if in the Lord’s Prayer, and I could see him uttering. He was praying that this little girl was just not going to say anything,” Hummel went on to say.
He continued, “The most telling honestly, of the trial, was in the video, when you are seen in the cruiser with the trooper and he’s giving you a lift back to the fire department. In a moment of driving and you sitting in the passenger seat, you stated, to the effect, again, without questioning, an utterance that was clearly heard, that ‘there are some sick people out there, and I just realized I’m one of them.'”
“You said it, and you can watch it for the next 20 to 40 years,” Hummel declared.
Kellar was sentenced to one to five years for each count of sexual assault in the third degree (counts one and three). He was sentenced to 10 to 20 years for each count of sexual abuse by a custodian (counts two and four). Count one, one to five years, is to run concurrent with count two’s sentence of 10 to 20 years. Count three’s sentence of one to five years is to run concurrent with count four’s sentence of 10 to 20 years.
A jury of eight men and four women found Kellar guilty on Monday, April 20.