Members of the Utah Board of Pardons told a Utah State Prison inmate Friday they considered keeping him in prison for life, but will instead consider his parole again in 25 years.
James David Setty Jr., 24, is serving concurrent 1-to-15 and 5-to-life sentences for manslaughter and aggravated robbery. While serving his robbery sentence, Setty was convicted in 1986 of killing fellow inmate Robert Roy Wimmer, who was serving time for killing an infant girl."You are an angry, dangerous person," said board member Gary Webster. He said "killing another inmate because you were angry, frustrated and couldn't work it out" showed him what kind of a person Setty is.
Saying that her brother was murdered in cold blood for no reason, Jackie Wimmer asked the Board of Pardons to give Setty the same fate that he gave her brother - death. She then asked them to keep him in prison for the rest of his life and asked that prison officials deny him recreational activities and "treat him as if he were dead.
"I do feel James Setty is a serious threat to society," she said. "I beg you not to let him go."
Douglas Wimmer, Robert's father, told the board he feared coming to the hearing because he didn't feel he would be safe in Setty's presence. Unable to continue, an emotional Wimmer asked his daughter to continue reading his letter.
The senior Wimmer described the murder of his son to the board and presented photographs. "He was viciously and savagely beaten," he said. "He was allowed to bleed to death, stuffed under his bed, supposedly close to a nearby guard who heard nothing."
Pro-tem board member Michael Norman said Wimmer died of multiple blunt and penetration injuries to the head and trunk, and said wounds penetrated the victim's heart and lungs. He said records indicated Setty claimed the killing was a "spur of the moment thing" and "a way to release anger" and said Setty felt the prison treated child abuse offenders lightly.
Setty refused to answer questions about the murder.
"I'd like the board to take into consideration that I did plead guilty to the death of Robert Wimmer, and I have nothing else to say," he said.
"I didn't come here expecting nothing from you people. I took responsibility (for the murder) and that's that."
"Do you think you should be free someday?" asked Webster.
After a pause, Setty replied, "Maybe someday."