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WILKES-BARRE — Ulysses Denman was tearful Monday morning as he pleaded guilty, but mentally ill, to charges from the shooting death of his father.
His emotional sentencing hearing underscored that the Denman family lost not only a father, but a son.
Denman appeared before Luzerne County Judge William H. Amesbury Monday morning in pursuance of a plea agreement he had made with prosecutors. Denman had been facing an open count of criminal homicide, along with two firearm offenses and a theft charge, after police said he fatally shot his father, William Denman, while he was sleeping on the couch in his Larksville home on July 24.
Plea explained
At the beginning of Monday’s hearing, it was indicated Denman intended to plead guilty, but mentally ill. This is a specific type of plea, which indicates Denman says his actions were caused by his mental illness, but that he had the capacity to understand right and wrong at the time — the main difference separating this type of plea from the more well-known not guilty by reason of insanity.
A plea of this kind legally allows for a reduction of charges — in this case, allowing for Denman to plead guilty to a count of third degree murder instead of first degree — but requires testimony from a mental health professional in order to be accepted by the court.
Dr. Richard Fischbein, a forensic psychiatrist, testified before Denman pleaded guilty on Monday, saying he had met with Denman three times over the course of the investigation.
Fischbein said it was his expert opinion that Denman is profoundly mentally ill, suffering from paranoia, sexual preoccupations and command hallucinations that tell him to do things. According to Fischbein, Denman’s illness is so profound that it first appeared that he was exaggerating his symptoms, but Fischbein said he truly believes Denman is severely mentally ill.
It’s these delusions, partially, that could have contributed to the murder. According to police, Denman shot his father once in the head with a .22-caliber handgun while he was sleeping. Denman told police his father then told him to shoot him again and to flee, which he did. Denman said he did this because he believed he need to protect his mother, Eleanor Denman, from his father.
Fischbein said Denman’s symptoms are still severe, adding that he likely suffers from either schizoaffective disorder or schizophrenia. The psychiatrist met with Denman over the weekend to have one final meeting with him before Monday’s guilty plea.
‘I could’ve killed myself’
“‘What could you have done differently?’” Fischbein said he asked Denman.
“‘I could’ve killed myself,’” was the defendant’s response.
However, while Fischbein did maintain that, while Denman is severely mentally ill, he does not meet the high standard necessary in order to be found not guilty by reason of insanity, which requires, in part, the defendant to be totally unable to distinguish right from wrong at the time of the crime.
Fischbein recommended for Denman’s sentence to be served in a state correctional institute with as many mental health facilities as possible, specifically mentioning SCI Rockview. He also recommend Denman be placed on suicide watch until he is able to acclimate to the new facility.
After Fischbein’s testimony, Assistant District Attorney Michelle Hardik indicated the prosecution had reached an agreement with the defense to have Denman plead guilty to third degree murder and one of the illegal gun possession charges, with all other charges being dropped. Both parties moved for immediate sentencing.
Family speaks
Before reading his sentence, Amesbury invited members of the victim’s — and defendant’s — family to speak.
Denman’s older sister, Damien Denman, spoke emotionally, reading both a statement prepared by their mother and her own statement.
“None of us understand why what happened happened, but it did and we can’t change it,” she said tearfully. She told Denman to keep positive, for they “need (him) here.”
“We love you unconditionally,” she said.
Denman also spoke briefly on his behalf.
“No matter what I do or say, it won’t cover for what I’ve done, but I’m sorry to everyone,” he said.
“I believe you,” Amesbury said softly.
Amesbury imposed the sentence prosecutors and the defense team agreed to jointly recommend — a period of between 15 and 30 years in state prison on the murder charge, with a two-and-a-half to five year sentence on the gun charge, which will be served at the same time.
Amesbury said he would recommend to the Department of Corrections to have his sentence be served at SCI Rockview, but he did note that the decision is entirely up to them.
The judge had a final word of advice for Denman.
“Please appreciate that life can get better,” he said. “It’s not as hard as the times you see.”
Denman was remanded to the Luzerne County Correctional Facility to await assignment of a state prison.