Seley sentenced to life without parole

Dustin James Seley, who was found guilty of murder in the first degree Dec. 20, was sentenced to life in prison without the possibility of parole Friday in the Adair County Courthouse.

Seley, 43, of Creston, was charged Aug. 16 with the murder of his brother, Timothy Fechter of Creston, who died of blunt force trauma and a single gunshot wound to his head July 21.

DuringThursday’s hearing, defense attorney Jill Eimermann recognized Seley’s sentence is statutory and Adair County Attorney Melissa Larson asked Judge Thomas Murphy to enter the sentence mandated by law. In Iowa, first-degree murder, a class A felony, which carries a mandatory sentence of life in prison for those over the age of 18 at the time they committed the crime.

Statements

On behalf of Lucky Fechter and Sheri Gist, the son and ex-wife of Tim Fechter, Donnell Griffith, Larson’s legal assistant, read a statement written by Gist before the court.

“Tim was a good man. He would give the shirt off his back for those he cared about ... he was in our children’s lives since they were born,” she said.

According to Gist’s statement, Fechter was in the process of teaching their son the construction trade. She said the father and son were rebuilding a house on Fechter’s property to be inherited by Lucky in the future.

“DJ literally ruined Lucky’s future, not to mention permanently taking his dad away,” Gist wrote. “In my opinion, I feel DJ is 100% entitled to life in prison with no chance of parole. That’s what he deserves – to sit and think about what he did to his own brother.”

A second statement read by Griffith on behalf of Fechter’s daughter, Faith Fechter, echoed Gist’s statement, which said Fechter was not the man Seley made him out to be.

“He was the most kind, funny and thoughtful person,” Faith wrote. “I want everyone to know my dad was not a bad person. He had flaws and made mistakes. That’s what makes us human.”

Faith’s statement described Fecther as a supportive father, a doting grandfather and a “changed man” who did everything he could to make sure she was happy and healthy.

Seley said the night he killed Fechter, he had no intentions of doing so.

“I went out and things happened,” said Seley. “I’m sorry. I’m truly sorry for what I’ve done, what I’ve done to affect my whole family and everybody, friends and family of Tim’s. He was my brother. He still is my brother and always will be.

Seley said he can’t take back that night, in which he admitted to being high and drunk.

“There’s no reason for what happened,” he said. “I just want to tell everyone I’m sorry and apologize.”

Final judgement

Following the reading of victim impact statements and Seley’s apology, Judge Murphy told Seley he’s been respectful through the process, but the court is limited in its sentencing options before delivering the judgement of life in prison without the possibility of parole.

“I believe you’d like to turn back time and not have the events that happen happen, however they did and Mr. Fechter is deceased,” said Murphy.

It was determined Seley does not have the reasonable ability to repay fees associated with court costs, which were waived. However, as part of his sentencing, Seley was ordered to pay $150,000 in restitution to the estate of Timothy Charles Fechter. If Fechter died without a will in place, Seley is ordered to pay restitution to Fechter’s heirs in accordance with the Iowa intestate succession. Additionally, Seley will need to submit a sample of his DNA for DNA profiling as required by law.

Judge Murphy offered his condolences to the Fecther family.

“I’m sorry. This is the justice you shall receive. Mr. Seley will serve the remainder of his life in prison,” he said.

Murphy told Seley, should he act in prison the way he has acted through court proceedings, he can redeem himself.

“I hope you stay away from negative people and help younger people who may be released in to society again ... the result of methamphetamine use. I think that’s what got you here,” he said. “I hope you make the best of your life as it moves forward.”

Seley was transported by Adair County Sheriff deputies to the Iowa Medical Classification Center at Oakdale reception center.

Seley was informed of his right to to appeal his sentence to the Supreme Court of Iowa. To do so, he has 30 days from March 4 to file a written appeal with the Adair County Clerk of Court.