GROVE CITY — Scott A. Dunn’s attorney has filed an appeal with the Superior Court of Pennsylvania to change part of his client’s sentence for killing his wife Brandon “Brandi” C. Montgomery Dunn in January 2006 and setting her parents’ Grove City home on fire to cover the crime.
Dunn, 28, of Slippery Rock, was sentenced Aug. 9 to 24 years and 5 months to 52 years in prison by Mercer County Common Pleas Court Judge Thomas R. Dobson.
In June, Dunn pleaded guilty to voluntary manslaughter, two counts of arson and abuse of a corpse. He admitted to beating his wife to death with a hammer after an argument and setting ablaze the home of John “Court” and Debra Montgomery at 109 E. Washington Blvd.
“We were not dissatisfied with three-fourths of the judge’s sentence, but were weren’t happy with the judge going completely outside the guidelines on (the one) arson charge,” Dunn’s lawyer Stephen J. Misko of Butler said Friday.
After the sentencing, Misko filed a motion asking Dobson to reconsider the sentence of 10 to 20 years on one count of arson. The charge is for endangering firefighters and Misko said the judge went outside the standard range for sentencing.
Dobson denied the motion, so Misko has appealed to the higher court.
Misko said the guidelines call for a minimum sentence of 6 to 7 years on the charge.
“You have to give reason outside what the person pleaded guilty to, to sentence them outside the guidelines,” Misko said.
Misko said he is also seeking to have the two counts of arson combined into one charge. It’s an issue that’s more difficult than going outside the sentencing guidelines, he said. Dunn got 13èyears minimum for setting the fire, Misko said.
“It was a single fire, one criminal episode,” Misko said. “Think about it from a practical perspective: If you set a fire in a building, the firefighters are going to come put it out.”
At the sentencing, Dobson mentioned that because of the fire, Mrs. Dunn’s family could not see her body at the funeral and that all their memorabilia were destroyed.
Misko said he didn’t think the judge took into consideration that by pleading guilty, Dunn saved the family from going through a trial and that he expressed remorse.
Dunn will be eligible for parole after serving the minimum sentence, but Mercer County District Attorney James P. Epstein has said prosecutors and Mrs. Dunn’s family will ask that he serve the full sentence.
Dobson sentenced Dunn to 10 to 20 years for voluntary manslaughter, 10 to 20 years for one count of arson, 40 months to 10 years for a second count of arson and 1 to 2 years for abuse of a corpse.
All sentences are to be served consecutively. Dunn was given credit for 487 days’ already served.
Dunn was also ordered to pay court costs, $11,200 restitution to Montgomery for Mrs. Dunn’s funeral and gravestone and $290,000 restitution to the Montgomery’s insurance company for the home destroyed in the fire.
In exchange for Dunn’s plea, charges of first- and third-degree murder, criminal homicide and one count of arson in the case were dropped. Manslaughter means the killing wasn’t premeditated, but that Dunn meant to hurt his wife.
Dunn is behind bars at the State Correctional Institution in Camp Hill.
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