Man gets 120 days in killing of stalker


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Jeff White
July 13, 2004, 03:09 PM
The next time you think about posting something about putting a butcher knife in the hands of an intruder you just shot, remember this case. If the guy had been a normal person instead of being highly connected, he'd be doing a whole lot of jail time.

Jeff


http://www.stltoday.com/stltoday/news/stories.nsf/News/St.+Louis+City+%2F+County/138ED2DB598E82F586256ED0000DB21A?OpenDocument&Headline=Man+gets+120+days+in+killing+of+stalker
Man gets 120 days in killing of stalker
By Valerie Schremp Hahn
Of the Post-Dispatch
07/13/2004


Couple said victim had menaced their family



As the body lay in their wooded front yard outside New Melle, Richard and Kerstin Pearia waited for police, after Richard Pearia had fatally shot a man.

"We couldn't believe it happened," Richard Pearia said after his sentencing hearing Monday at the St. Charles County Courthouse for involuntary manslaughter. "You never think something bad is going to happen to you."

Donald Brinkmeyer, 51, of Shrewsbury, was killed the night of Oct. 7. Pearia and his wife said Brinkmeyer had been stalking their family.

On Monday, Pearia was sentenced to 120 days of shock time in the St. Charles County Jail; he was given five years of probation and a suspended prison sentence of seven years. He is due to turn himself in on July 26 and will get credit for time served, which means he would be released in mid-September.

Pearia, 52, a private jet pilot who has worked for heads of state and other dignitaries, pleaded guilty in May of involuntary manslaughter.

No family members or friends of Brinkmeyer attended the hearing Monday to give a victim's impact statement, and nobody turned in written statements on his behalf. But about a dozen family members and friends sat with the Pearias during the hearing, and many of them wrote letters describing Richard Pearia as a "wonderful husband and father who is very family oriented" and "thoughtful" and "trustworthy."

Investigators said Brinkmeyer was angry because he believed Richard Pearia was having an affair with Brinkmeyer's former girlfriend. The Pearias told police that the woman was Richard Pearia's cousin and that no affair took place. Brinkmeyer, who had a police record, wrote threatening letters to the couple and obtained their bank account information and Richard Pearia's work schedule.

On the night of Oct. 7, Brinkmeyer went to the couple's home. Investigators said Kerstin Pearia, 45, had called police from her car, calmly saying that a man who was wanted by police was there. The Pearias didn't call police again to say the man had been killed; and deputies, not knowing what had happened, did not arrive until about 20 minutes later.

Richard Pearia admitted that he had shot Brinkmeyer once with a .32-caliber pistol and that Brinkmeyer had fallen and gotten back up. At that point, Pearia said, he believed Brinkmeyer had a weapon, and he shot him three more times.

As part of a plea agreement, a charge against Kerstin Pearia of hindering prosecution was dropped. Prosecutors said she retrieved an ice pick for her husband, which he put next to the body to try to show Brinkmeyer had been armed. Brinkmeyer was not armed, but authorities found a 10 1/2-inch knife in his car.

On Monday, Richard Pearia offered condolences to Brinkmeyer's family.

"I feel extremely heartfelt for them," he said. "I've never wanted to be in this situation at all. I hate it."

Prosecuting Attorney Jack Banas said prosecutors lacked enough evidence to disprove Pearia's story, but they still couldn't ignore the fact that he had killed a man.

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Zundfolge
July 13, 2004, 03:22 PM
So if they hadn't pulled the ice pick trick would they have not been prosecuted at all?

whm1974
July 13, 2004, 03:49 PM
So if they hadn't pulled the ice pick trick would they have not been prosecuted at all?

That very well may be true. By putting the icepick in the BG's hands they made it look like they were setting the stalker to be killed.

Guys, if it ever happends that you have to shoot, don't stage the sence. Also make two phone calls, one to the police, and the other to a lawyer. When the police get there WATCH what you say to them. Don't embellish your story.

-Bill

Jeff White
July 13, 2004, 03:50 PM
I'm not that familiar with the details of the case. It could have been a good shoot, I don't know, but they certainly tainted it when they planted the icepick on the dead man.

Jeff

flatrock
July 13, 2004, 04:01 PM
When the police get there WATCH what you say to them. Don't embellish your story.

The advice I've been given is don't tell them a story. Tell them politely that you will give them a statement tomorrow. I've been told that you just can't give a reliable account right after such a stressful situation when you're still got all that adreniline in your system.

You can tell them that you want to help, but you need to talk to your lawyer first. You may end up spending the night in jail, but that's better than spending years there.

Daniel T
July 13, 2004, 04:03 PM
Zund, just from reading the article, it looks like he would have been charged no matter what, just read the last line again.

The icepick thing should have gotten the wifey a conviction though.

A friend of a friend was convicted of tampering with evidence when he tossed a knife in a river after he used it to defend himself from a bum that was assaulting him. He was also charged with 1st degree murder (the bum crawled under a bridge and died several hours later) by an an ass of a DA, but was found innocent. If this guy hadn't tossed the knife , he wouldn't have been convicted of anything.

Lesson: don't try to falisy evidence. If you really felt threatened enough to use deadly force to defend yourself, the circumstances and scene should speak for themselves, even if you are charged.

whm1974
July 13, 2004, 05:22 PM
The advice I've been given is don't tell them a story. Tell them politely that you will give them a statement tomorrow. I've been told that you just can't give a reliable account right after such a stressful situation when you're still got all that adreniline in your system.

That would be the best thing to do yes.

Zund, just from reading the article, it looks like he would have been charged no matter what, just read the last line again.

The gunshop where I brought my .38 said that the police in a lot of places are required to aresste and let the court and jury sort things out.

-Bill

pinblaster
July 13, 2004, 05:44 PM
Why did he shoot an unarmed man to begin with ?

rock jock
July 13, 2004, 06:05 PM
Why did he shoot an unarmed man to begin with ?
Pinblaster,

I assume you have never been threatened? Possibly by someone acting very erratically, very angry, someone that has previously voiced their intent to harm you or your family? This is the situation this man faced. Add to that the fact that he may not have had a clear path to retreat to, AND, most important of all, this took place at night. The shooter thought he saw a weapon. This is a very reasonable assumption and very easy mistake to make in a low-light situation.

Standing Wolf
July 13, 2004, 06:38 PM
Fake evidence is over the line—unless, of course, you're a politician.

pinblaster
July 13, 2004, 07:06 PM
Rock Jock , I have been employed as a foreman in the field of concrete construction for the past 30 years . During this time I have had to deal with every "Billy Badass" and "Harry Hardass" coming down the pike . I have also dealt with some threats to my family , all without having to use a weapon of any type . Do what you must , but if you use deadly force you had better have a real good reason , because if you don't you will be thrown into a pen with alot of guys you would rather not meet , and you will have no weapon then .

joonya187
July 13, 2004, 09:25 PM
No family members or friends of Brinkmeyer attended the hearing Monday to give a victim's impact statement

One question. If this guy was stalking the family, how in hell is he a 'victim'?

whm1974
July 14, 2004, 03:49 AM
One question. If this guy was stalking the family, how in hell is he a 'victim'?

Because he was shot? He couldn't help stalking people...

-Bill

rock jock
July 15, 2004, 02:58 PM
Rock Jock , I have been employed as a foreman in the field of concrete construction for the past 30 years . During this time I have had to deal with every "Billy Badass" and "Harry Hardass" coming down the pike . I have also dealt with some threats to my family , all without having to use a weapon of any type . Do what you must , but if you use deadly force you had better have a real good reason , because if you don't you will be thrown into a pen with alot of guys you would rather not meet , and you will have no weapon then .
PiBalster,

If someone is charging at you in the middle of the night and in the dark you think you see a weapon AND you still choose not to use a weapon in return, that is up to you. I, for one, will not give any attacker the benefit of the doubt.

pinblaster
July 15, 2004, 08:03 PM
Rock Jock , that would be the smart thing to do . If someone was charging at me and it looked like they had a weapon I would not hesitate to defend myself with a weapon if I had one . The closest I have ever come to being attacked with a weapon was when a guy at work threw a shovel at me . It is always better to be judged by 12 rather than to be carried by 6 .

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