Judge keeps sentence in guilty plea
A state appellate court this week upheld the prison sentence of a Lyndora man convicted of shooting at two police officers in 2015.
Samuel L. Wheeler, 25, challenged his sentence of 13 to 30 years claiming his guilty plea was not voluntary because of his mental state at the time.
But a three-judge Pennsylvania Court panel on Tuesday dismissed the claim, ruling Wheeler knew his legal options and made a rational choice.
“Other than his bald claim of mental incapacity, Wheeler has failed to establish that he was unaware of what he was doing or incapable of voluntarily entering a plea,” wrote Judge Anne Lazarus in the court’s opinion.
State police said Wheeler opened fire on a pair of troopers March 8, 2015, during an altercation at his family’s home on Bessemer Avenue
Moments earlier, Wheeler had been arguing with an ex-girlfriend and drinking inside the house. He got into a quarrel with his father and took a “swipe” at him with a hunting knife, according to police and witness reports.
Wheeler wrestled a loaded 9 mm rifle away from his father and headed into the street. Shortly before 5 a.m., prosecutors believe Wheeler fired the weapon into the air and at an open lot nearby.
Two troopers who heard the emergency radio call, took up a position down the street and told him to drop his weapon.
Wheeler pointed the weapon at the officers and fired a shot. He was hit in his left hand by return fire from one of the troopers.
He fled but investigators followed the trail of blood and footprints to the wounded Wheeler lying on Butler Road.
Wheeler on Aug. 25 pleaded guilty to three counts of aggravated assault, two counts of assault on a police officer and three counts of terroristic threats. In exchange, prosecutors dropped additional charges of attempted homicide.
But a month later, his attorney, Lisa Peluso of Westmoreland County, filed a motion to withdraw the guilty plea.
Two weeks after that, she pulled the motion on her client’s behalf. Butler County Judge William Shaffer on Oct. 22 imposed the sentence.
Lazarus noted that Wheeler argued in his appeal that his mental condition “precluded him from entering a voluntary and intelligent plea.”
But the judge said Wheeler at his sentencing hearing acknowledged affirmatively when asked if he was “knowingly and voluntarily entering his plea agreement of (his) own free will.”
Peluso this morning declined to comment on the appeals court decision.