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May 13, 2008

Scott Dunn challenges arson sentences

By Joe Pinchot

GROVE CITY — Scott A. Dunn is challenging a judge’s sentencing on arson charges in his appeal to Superior Court.

The court has set oral arguments for May 21.

Dunn, 29, who is serving a 24- to 52-year sentence in Huntingdon, pleaded guilty Aug. 9, 2007, to charges of voluntary manslaughter, abuse of a corpse and two counts of arson.

He admitted beating his wife, Brandon C. “Brandi” Montgomery Dunn, to death on Jan. 14, 2006, in her parents’ Grove City home, and torching it to try to cover up the death.

Mercer County Common Pleas Court Judge Thomas R. Dobson sentenced Dunn Aug. 9.

In Dunn’s appeal, Stephen M. Misko of Butler said Dobson incorrectly exceeded sentencing guidelines on one of the arson charges and should have merged the arson charges — one dealing with endangering firefighters and one dealing with property — into a single count for sentencing.

Misko claimed Dobson focused too much on the beating and fire, and not enough on Dunn’s character, criminal history, rehabilitation needs and his plea, which relieved the district attorney’s office and Ms. Dunn’s family from having to go through a trial.

Misko also alleged Dobson was trying to “soothe the public, placate the family and provide support for the DA’s plea agreement” over Dunn being allowed to plea to voluntary manslaughter. Misko referred to “negative editorials in local newspapers criticizing the District Attorney.”

Sentencing guidelines called for a prison term of 60 to 72 months for the arson dealing with property charges, while Dobson assigned the statutory maximum, 120 to 240 months.

Dobson also made the sentences on all charges consecutive, meaning Dunn will serve one after the other.

In an opinion for Superior Court’s benefit, Dobson said he reviewed a presentence report, victim impact statements and letters written on behalf of Dunn and his wife.

Dobson noted Dunn initially denied responsibility and blamed an unknown assailant, and said he went outside the guidelines because Dunn started the fire to cover up the killing and blame someone else.

“This court can think of no better or more appropriate reason for going outside the guidelines,” Dobson said.

Concerning his decision not to merge the arson charges, Dobson said case law has shown arson dealing with people and property are “substantially different interests.”

Assistant District Attorney D. Neil McEwen said Dobson examined all factors before sentencing, and argued Misko is trying to get Superior Court to overlook the circumstances of the case.

McEwen called Dunn a “jealous, controlling and dangerous killer moved by his own weakness of character and addiction to drugs.”

Misko had filed a motion for Dobson to amend the sentence based on the same arguments he presents to Superior Court, but it was denied by Dobson.

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