Allen C. Dwyer, Jr., 20, was sentenced Monday to 20 years with five years suspended sentence for the killing of Tony Quici in a botched burglary attempt.
The incident occurred on Jan. 22, 2008. Quici lived for about a week after the attack and told his daughter, Rachel, that he had not fallen.
He then succumbed to his injuries early in February. Two years later, Dwyer turned himself in to the police. The daughter continued to call the police asking them to investigate the crime, but she told the Daily Record in a 2010 interview that officials insisted Tony was old and he had just fallen.
However, Dwyer contact ed the police in Alamogordo, where he was living at the time, to ask if Quici had died. Alamogordo Police Department, who then called Roswell. When defense attorney Gary Mitchell had the opportunity to discuss the sentence, he noted that Dwyer had come to the police of his own accord.
â€œThe police in Roswell had to do some searching to figure out what he was talking about.â€ Rachel took the opportunity before sentencing to tell the court about her father.
She said she was lucky to be adopted by him. Quici was in the Air Force and a war hero. He loved riding bikes and rode his bike seven times across the states. â€œHe was adventurous; he loved life and he helped everybody who asked,â€ said Rachel. Rachel spoke of the two great-grandchildren that Quici would never see.
â€œMy dad was a sick, dying man who had every right to die a comfortable death and not be mangled for a few dollars.â€ Before sentencing, Assistant District Attorney Deb Hutchins reviewed the crime when Quici happened upon Dwyer when he was burglarizing the house.
â€œHe knocked him down. Quici asked him to stop, but he did not stop. When he (Quici) passed out, he (Dwyer) continued. Gary Mitchell reminded the court that Dwyer â€œaccepted full and complete responsibility for his actions.â€œ
Hutchins argued that Dwyerâ€™s acts suggested a cold and calculated crime. â€œHe wiped everything down before he left.â€ In her rebuttal, she referred to the evaluation conducted by Dr. Robert Parson, who indicated that Dwyer presented a â€œhigh risk of danger (to the public) historically, a low risk clinically, and a moderate risk in potential future acts.â€ Allen C. Dwyer Sr. spoke about a letter he had written to the Judge asking for clemency.
Judge Shamas responded, â€œI did read everything you sent. I have reflected on this for some length. If this were a different case, I might consider it, but felony murder does not require leniencyâ€¦ You conduct inside indicates some malice.
He further stated, â€œYour attorney … suggests I take into consideration your addiction. I cannot consider your meth addiction as an excuse, for then I would be sending a message to other meth addicts who commit burglaries and potentially murder someone that I will be lenient.â€ As the hearing drew to a close, Dwyer spoke on his own behalf.
â€œI feel bad for what had happened. If I could I would take it back. My actions must have consequences, and I accept my responsibility for the consequences.â€