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Justices Hear Arguments In Schwieterman Appeal

Posted: 9:13 pm EDT April 28, 2009Updated: 7:51 am EDT April 29, 2009

The length of the sentence in the criminal case against Nicholas Schwieterman is in the hands of the Third District Court of Appeals in Lima after the justices heard oral arguments in his appeal.

The attorney for Schwieterman argued that 24 years in prison for the traffic deaths of four Mercer County teens amounts to "cruel and unusual punishment," said defense attorney Eric Allen from Columbus.

The charges stem from the March 15, 2008, crash that killed Jordan Moeller, 18, Chickasaw, Jordan Diller, 19, Maria Stein, Jordan Goettemoeller, 19, Maria Stein, and Bradley Roeckner, 19, Chickasaw.

In November of last year, Schwieterman entered pleas of no contest to four counts of involuntary manslaughter, one count of possession of drugs, and one count of operating a vehicle under the influence.

Mercer County Common Pleas Judge Jeffrey Ingraham ordered Schwieterman to serve 24 years in prison.

Assistant Mercer County Prosecutor Matthew Fox told the judges the sentence was not disproportionate to the crimes.

The case, said Fox, "is really about a defendant who is dissatisfied that he is sitting in prison for a very long time."

The Appellate Court will issue a decision in writing.

The fatal crash happened at the intersection of County Road 716A and Brockman Road just north of St. Sebastian. Four white crosses were added, on the anniversary date of the deaths, to the makeshift memorial at that intersection, with the names Brad, Tug, Diller, and Jordan printed on them.

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