Hotz sentenced to minimum of 42 years

At 1:30 p.m. Tuesday afternoon, Judge Brian Silverman heard statements from both the defense and prosecution in the trial of Joseph Hotz for the murder of his roommate, Kenneth Pfeiffer.

To begin the proceedings, Judge Silverman considered a motion for a new trial from the defense. The motion was overruled.

The proceedings then continued with defense attorney Paul Wess’s comments on behalf of the defendant.

Wess opened by reviewing Hotz’s life prior to the murder in December 2008. He noted that Hotz was a student at Chadron State and sought a career as a teacher and a coach.

Wess then said that Hotz worked full-time at the Office of Human Development and attended a Bible study lead by Shawn Banzhaf–one of the arresting officers the night of the murder.

Wess’s comments then moved to Hotz’s relationship with Pfeiffer. Wess said that Hotz and Pfeiffer were close friends and that Pfeiffer had dined with Hotz’s family on multiple occasions.

Then, Wess argued that the hallucinogenic mushrooms that Hotz was under the influence of were a mitigating factor.

He supported this argument by saying that Hotz did not understand the full consequences of his actions when he took the mushrooms.

Wess remarked that Hotz had no violent criminal history, just three minor in possession offenses and a disorderly house offense.

His closing remarks focused on Hotz’s potential to commit more crimes, saying first that Hotz understands the severity of his crimes that he must be punished. Wess next said for that reason, heavy punishment does not need to be doled out “to protect society from Joey.”

Next, Vance Haug, Dawes County Attorney presented his comments to the judge. Haug called Hotz’s crimes “tragic, violent and brutal.”

He also said that Rolland Sayer, who was threatened by a knife-wielding Hotz the night of the murder, no longer feels safe in his own home and is “not the same.”

Haug mentioned that Hotz had a history of drug and alcohol use, noting Hotz’s alcohol use throughout high school and college as well as his use of marijuana and other drugs.

Continuing, Haug told the judge that Hotz had previously used hallucinogenic mushrooms and had bad experiences, including paranoia. He said that because of this, Hotz bears full responsibility and that the drugs are not a mitigating factor.

He closed his comments with an excerpt from a letter written by Kenneth Pfeiffer’s mother.

“I have never felt such pain in my life. I feel like I don’t have any insides any more. Only a deep, empty black hole inside of me that is filled with pain and grief.

That pain and grief goes down so far that I don’t think that there’s an end. I truly know what a broken heart is now, as my heart is broken beyond repair. I’ve heard about people dying of a broken heart and I understand that now.

Without my Kenny in my life, there is no peace and no real normal life any more.”

Before handing down Hotz’s sentence, Judge Silverman engaged in a short commentary about Hotz’s crimes and the sentence.

Among other things, Silverman said that Hotz’s acts were “terrible, terrible crimes.”

Regarding the drugs Hotz used, Silverman said, “The world doesn’t listen, doesn’t see, doesn’t realize how terrible these things are.”

He wrapped up his comments by saying, “Thank God most of the citizens in this world don’t think they need to take mushrooms.”

Silverman then read Hotz’s sentence: 20 – 50 years for second degree murder, 5 – 20 years for using a deadly weapon to commit a felony, 10 – 20 years for attempted second degree murder, 5 – 10 years for using a deadly weapon to commit a felony, 1- 5 years for terroristic threats, and 1 – 20 years for using a weapon to commit a felony.

The sentences must be served consecutively, meaning Hotz’s minimum prison sentence is 42 years. By Nebraska law, he will be eligible to apply for  parole after 21 years.