3 to 6 years given
KITTANNING — A Ford City man will spend 3 to 6 years in state prison for his role in killing a Butler County man last year during a melee outside a bar.
Dennis Andrew Rosenberger, 28, in July pleaded guilty to aggravated assault and involuntary manslaughter in the March 17, 2013, death of 39-year-old James Sullivan of Donegal Township.
Armstrong County President Judge Kenneth Valasek on Tuesday also ordered Rosenberger to serve five years of probation.
Valasek’s sentence came after an emotional hearing during which Sullivan’s mother, sister and best friend called for the maximum penalty. Rosenberger and his attorney, Gregory Swank, asked for leniency.
In the end, the defendant got something in the middle.
“The sentence was in the standard range under state sentencing guidelines,” Swank said after the hearing, “but at the low end.”
Rosenberger was one of four men who state police charged with fatally beating and stomping Sullivan, a military veteran, outside a Kittanning bar in the early morning hours on St. Patrick’s Day 2013.
Prosecutors said he sucker-punched Sullivan, who was knocked down and out. Moments later, the others — Otilio Cosme, 44, of Ford City, and Anthony M. Bove, 20, and Keith A. Brison, 34, both of Kittanning — jumped on and kicked the unconscious Sullivan.
He was pronounced dead less than 90 minutes later at ACMH Hospital in East Franklin Township.
An autopsy ruled that Sullivan suffered two potentially fatal injuries — an injury to his skull and a severed vein in his stomach, which caused massive internal bleeding,
The skull injury was caused by Rosenberger’s punch and the other injury was from the pummelling and kicking delivered by the other defendants.
Both injuries were factors in the death, prosecutors said.
Cosme last month pleaded guilty to involuntary manslaughter. He is to be sentenced Oct. 9.
Bove and Brison are awaiting trial on homicide and other charges in the case.
Valasek’s prison sentence for Rosenberger was for the felony charge of aggravated assault. He received no additional time for the involuntary manslaughter charge, a misdemeanor.
Swank called the judge’s decision fair, noting his client had no prior criminal record or history of violence before that night.
He said Rosenberger has a learning disability and is illiterate.
“Mr. Rosenberger told the judge that he was sorry for what he did and that he did not intend for this type of harm to come to Mr. Sullivan,” Swank said.
Telephone calls to Armstrong County District Attorney Scott Andreassi were not returned Tuesday.
