Friday, September 11th, 2015

Guggenbiller gets 7-25 years in slaying

By Shelley Grieshop
Photo by Shelley Grieshop/The Daily Standard

Brian Guggenbiller, at right, bows his head as his co-attorney, Robert Gryzbowski, listens to the judge during a hearing earlier this year in Auglaize County court. Guggenbiller on Thursday was sentenced to up to 25 years for a murder committed nearly 34 years ago in St. Marys.

ST. MARYS - The third and last suspect in a nearly 34-year-old grisly murder case was ordered on Thursday to serve a maximum 25 years in prison.
Brian S. Guggenbiller, 52, of Lima - who in 1981 stabbed and cut an elderly St. Marys man 39 times during a fatal home burglary attempt - pleaded guilty in Auglaize County Common Pleas Court to a negotiated charge of involuntary manslaughter, a first-degree felony.
Guggenbiller, who was 18 when the crime was committed, chose not to comment about the case prior to sentencing. When asked if he understood the consequences of pleading guilty, he replied: "Most of it's self-explanatory. I'm fine."
Family members of the murder victim, 72-year-old Marcellus Reineke, filled several rows in the courtroom. Reineke's nephew, Bernie Reineke, prior to sentencing told the court the case against Guggenbiller was the toughest that the three family members endured.
"The third time was the most difficult," he said. "This is the (suspect) who hatched the plan and thrust the knife over and over again."
He said his uncle was one of seven brothers and sisters who worked hard and survived the Great Depression. Five of Marcellus Reineke's siblings went to their grave not knowing if the murder suspects would ever be caught, he said.
"We had a lot of sleepless nights," the nephew added.
Bernie Reineke said the family lost time with their uncle and the right to say goodbye. One of the suspects set the residence on fire before fleeing, prompting a closed casket at the funeral, he said.
"I know God wants us to forgive. We're not a vengeful family ... but we also want justice and we hope today we find that," he said.
He told the court that Guggenbiller "had his parole" by "walking the streets for 30 years" after the murder and now must serve his time.
Visiting Judge Reginald Routson, who handled all three cases, said the crime is one that makes him and others "scratch your head and wonder why."
"No human being should have to suffer like he (Reineke) did," the judge said.
Routson said he hopes the victim's family can finally find closure and will "keep the memory of their uncle alive."
Guggenbiller, who stated he quit school in the ninth grade and has mental and physical disabilities, was indicted in April for aggravated murder. He pleaded not guilty to the charge in May.
The court in recent months ordered two psychological evaluations to determine if Guggenbiller - who appeared unshaven in court Thursday - was competent to stand trial. The judge on Thursday ruled Guggenbiller was competent. Soon after, his attorneys, William Kluge and Robert Gryzbowski, and county assistant prosecutor Benjamin Elder announced a plea agreement had been reached between the parties.
The defense attorneys - who did not immediately return a call from the newspaper seeking comment after the hearing - and the prosecution agreed to proceed immediately to sentencing.
Guggenbiller must serve a minimum of seven years in prison before he is eligible for parole. His release will be determined by the Ohio Adult Parole Authority, not the local judge as the law dictates today, because the sentencing must follow the statute in place when the crime occurred, Routson explained.
Guggenbiller's accomplices, Paul Leroy Hoover, 54, of Florida and formerly of St. Marys, and Tracy Mabry, 52, of Celina, were previously convicted and given the same prison sentence after pleading guilty to the same amended charge.
According to a statement read in court Thursday by Elder, Mabry on Oct. 13, 1981, drove Hoover and Guggenbiller to Reineke's home on South West Street in St. Marys. Hoover reportedly went upstairs to search for a briefcase he believed contained $50,000.
Guggenbiller confronted Reineke and stabbed and cut him 39 times, Elder said. The retired farmer also suffered multiple blunt-force injuries while the suspects attempted to persuade him to reveal the location of the briefcase, Elder added.
Hoover reportedly poured lighter fluid on a bed and ignited it before the three men fled the home. Coins, a small amount of cash and a watch were missing from the residence when Reineke's body was found, Elder said.
The death penalty was not included in the indictments for any of the men.
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Area Roundup
Compiled by Gary R. Rasberry
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