AUBURN - With his wrists tightly shackled together by handcuffs, Richard Walrad signed an order of protection for the ex-girlfriend and her son that he tried to kill.
Walrad, 44, a Cayuga County Jail inmate held on $100,000 cash or $200,000 bond, was sentenced to 10 years in state prison - a sentence two years below what the district attorney's office sought and two years above what Walrad's defense counsel sought - and five years post-release supervision in Cayuga County Court Tuesday for the felony crimes of second-degree attempted murder and second-degree attempted arson.
“It's clear that you've had a lot of different issues that you've struggled without your life,” Cayuga County Surrogate Judge Mark Fandrich said. “The conduct here would have had absolutely lethal consequences if you had succeeded in your attempt to set the victim and her son on fire.”
According to authorities, Walrad walked with a gasoline can to a nearby gas station after his estranged girlfriend of five years and her son came with a moving van to move her possessions out of Walrad's 5 Howard St. Auburn, home Oct. 13, 2005. The woman and her son had called the police beforehand, but began to move out the possessions with Walrad gone.
“He was having a hard time dealing with the fact she was leaving,” Chief Assistant District Attorney Jon Budelmann said.
When Walrad returned to his house, he began to drench himself, the woman and her son with the gasoline in the second floor of his home, saying that he would rather die than lose her. Walrad struggled with the woman for a lighter in her pocket and struggled with her son as he intervened to protect his mother.
Police were dirtied by the gasoline in the struggle to bring Walrad into custody. The Auburn Fire Department aired out the house with fans because of fears the house would combust into flames, Budelmann said.
Walrad balked last year at pleading guilty because he said he did not remember trying to kill the two. In the end, Walrad pleaded guilty under an Alford guilty plea because he said he did not want to face conviction at trial and be sentenced up to 25 years in prison for two attempted murder charges. Walrad admitted to the crimes by saying he did not recall them, but he did not dispute the evidence he committed them.
“I'm sorry for what happened. I was not in my right mind at the time,” said Walrad, a man with a white whiskers, uncombed brown hair and a speech impediment. “I would never hurt this lady ... I wish I could change it. But I can't so I have to go on from here.”
Walrad's attorney, Doug Bates, argued nothing could negate Walrad's actions but it did make a difference the two intended murder victims did not get injured in what punishment he deserved.
“There is no question in Richard's mind but that he must receive a punishment for this crime,” Bates said. “But the issue is of proportion.”
Walrad's original assigned counsel, Simon Moody, had explored if Walrad could enter a plea of not responsible by reason of mental disease and defect because of lead poisoning. But mental health officials said that Walrad did not qualify for that defense.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
“It's clear that you've had a lot of different issues that you've struggled without your life,” Cayuga County Surrogate Judge Mark Fandrich said. “The conduct here would have had absolutely lethal consequences if you had succeeded in your attempt to set the victim and her son on fire.”
According to authorities, Walrad walked with a gasoline can to a nearby gas station after his estranged girlfriend of five years and her son came with a moving van to move her possessions out of Walrad's 5 Howard St. Auburn, home Oct. 13, 2005. The woman and her son had called the police beforehand, but began to move out the possessions with Walrad gone.
“He was having a hard time dealing with the fact she was leaving,” Chief Assistant District Attorney Jon Budelmann said.
When Walrad returned to his house, he began to drench himself, the woman and her son with the gasoline in the second floor of his home, saying that he would rather die than lose her. Walrad struggled with the woman for a lighter in her pocket and struggled with her son as he intervened to protect his mother.
Police were dirtied by the gasoline in the struggle to bring Walrad into custody. The Auburn Fire Department aired out the house with fans because of fears the house would combust into flames, Budelmann said.
Walrad balked last year at pleading guilty because he said he did not remember trying to kill the two. In the end, Walrad pleaded guilty under an Alford guilty plea because he said he did not want to face conviction at trial and be sentenced up to 25 years in prison for two attempted murder charges. Walrad admitted to the crimes by saying he did not recall them, but he did not dispute the evidence he committed them.
“I'm sorry for what happened. I was not in my right mind at the time,” said Walrad, a man with a white whiskers, uncombed brown hair and a speech impediment. “I would never hurt this lady ... I wish I could change it. But I can't so I have to go on from here.”
Walrad's attorney, Doug Bates, argued nothing could negate Walrad's actions but it did make a difference the two intended murder victims did not get injured in what punishment he deserved.
“There is no question in Richard's mind but that he must receive a punishment for this crime,” Bates said. “But the issue is of proportion.”
Walrad's original assigned counsel, Simon Moody, had explored if Walrad could enter a plea of not responsible by reason of mental disease and defect because of lead poisoning. But mental health officials said that Walrad did not qualify for that defense.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
