CHEYENNE, Wyo. -- Richard Jahnke, a teenager who killed the father he claimed battered him throughout his life, had his 5 to 15 year prison sentence commuted to three years Thursday by Gov. Ed Herschler, who said he had 'compassion' for the young man.
Herschler told reporters he was concerned about what might happen to Jahnke in prison 'because of his mental state.' He pointed to Richard's youth and the fact that he had no previous criminal record as other reasons for his decision.
'I guess I have some compassion for this young individual,' Herschler said. 'I think it's something I had to do.'
Jahnke thanked Herschler, saying, 'I know that his decision could not have been an easy one and I will do all I can to justify his action.'
In a written statement, he also thanked 'all of those people who have written to me and to my sister and all who have supported me during all of this time.'
'I will do the best I can to justify your faith in me and will work hard to be a worthwhile citizen,' he said.
Herschler said the tremendous number of telephone calls and letters he received urging a pardon did not have much influence on his decision.
'Many people wrote or called me and argued for a full pardon for Richard Jahnke,' the governor said. 'However, I don't believe such a decision would amount to justice in this case.'
Jahnke was convicted of killing his father, Richard C. Jahnke, a 38-year-old Internal Revenue Service agent, with several shotgun blasts through the garage door of the family home northwest of Cheyenne on Nov. 16, 1982.
He was sentenced to 5 to 15 years in prison for the manslaughter conviction. By the governor's action, he faces three years in the Wyoming Industrial Institute, a correctional facility for young men in Worland.
Jahnke, who was 16 at the time of the shooting, testified during his trial that he killed his father to protect himself, his mother and sister from further mental and abuse at his father's hands.
Under the governor's order, Jahnke must first commit himself to Bethesda Hospital in Denver for 60 days of psychiatric treatment and evaluation.
After the evaluation period, Jahnke will be committed to the Institute until he is 21 years old, unless examiners recommend against it. In that case, he will either remain longer at Bethesda or the governor will further modify the commutation.
Herschler said that, as the Wyoming Supreme Court recognized in a recent decison on the Jahnke case, 'no person is justified in taking the law into his own hands and killing his perceived tormentor.'
Herschler said he feels comfortable about his action, but noted, 'that doesn't mean I will tomorrow after the public reaction.'
When asked if he was sending a message to the Wyoming Supreme Court, which last week upheld Jahnke's conviction, Herschler said 'the Supreme Court's pretty independent. They don't pay any attention to me and I don't pay much attention to them.'
Herschler said evidence in the case characterized Jahnkegs father as a cruel, sadistic and abusive man, and in contrast, the young Richard was portrayed as a victim, who was beten regularly by his father since he was two years old.
'Richard would be beaten for such things as not cleaning a room the right way, for walking with his mouth open, for leaving the bathtub dripping, and for defending his mother and sister,' Herschler said.
But he said Jahnke's case may have been exaggerated and that was one reason he could not grant a full pardon.
'However,' said Herschler, 'I do consider Richard as a very troubled person, with his family life as a clear contributing factor to his problems.'
Herschler said he has never spoken to young Richard and did not meet with him with Jahnke's attorney before rendering the commutation.
Jahnke said he hopes to contribute in some way to help others facing child abuse, and to repay the state for expenses caused by his case.
By the governor's action, the 18-year-old Jahnke will serve three years in the Wyoming Industrial Institute, a correctional facility for young men in Worland.
Jahnke was convicted of killing his father, 38-year-old Richard C. Jahnke, an Internal Revenue Service agent, with several shotgun blasts through the garage door of the Jahnke's Cheyenne home in November of 1982.
Jahnke, who was 16 at the time of the shooting, testified during his trial that he killed his father in self-defense. He said he, his mother and sister suffered years of mental and physical abuse at his father's hands.
'Many people wrote or called me and argued for a full pardon for Richard Jahnke,' the governor told reporters. 'However, I don't believe such a decision would amount to justice in this case.'
Under the governor's order, Jahnke must first voluntarily commit himself to Bethesda Hospital in Denver for a 60-day-period to undergo psychiatric testing, evaluation and treatment.
Following this period, a report must be submitted to Herschler reecommending future placement, with an option to continue treatment at Bethesda for another 60 days.
After treatment at Bethesda, Jahnke would be confined at the Industrial Institute until he reaches the age of 21.
Herschler said that, as the Wyoming Supreme Court recognized in a recent decison on the Jahnke case, 'no person is justified in taking the law into his own hands and killing his perceived tormentor.'
Herschler said evidence in the case characterized Jahnke's father as a cruel, sadistic and abusive man, and in contrast, the young Richard was portrayed as a victim, who was beten regularly by his father since he was two years old.
'Richard would be beaten for such things as not cleaning a room the right way, for walking with his mouth open, for leaving the bathtub dripping, and for defending his mother and sister,' Herschler said.
The governor said Jahnke's case may have been exaggerated, and for that reason he could not grant a full pardon.
'However,' said Herschler, 'I do consider Richard as a very troubled person, with his family life as a clear contributing factor to his problems.'
The Wyoming Supreme Court last week upheld Jahnke's conviction and 5- to 15-year prison sentence. Jahnke has until next week to file a petition for rehearing by the court.
People are still awaiting the Supreme Court's ruling in the case of Jahnke's sister, Deborah, 19, who was convicted of aiding and abetting her brother. She was sentenced to 3 to 7 years in prison.
Herschler said earlier that his decision on a pardon would not be swayed by public opinion, but noted he had had 'some very wierd' letters from some people who thought he was an 'ogre' because he hadn't yet issued a pardon.
