By Cathy Ingalls
Albany Democrat-Herald | Posted: Wednesday, December 31, 2008 12:00 am
Linn County Circuit Judge Glen Baisinger sentenced James Robert Culbertson to 12 years in prison Wednesday morning in connection with three incidents that occurred last April at the home of a former girlfriend.
The sentences on each of the three counts will run consecutively. The judge gave the Albany man 102 months for kidnapping, 36 months for burglary, and 6 months for attempted sexual assault. Culbertson received no credit for time served.
Linn County Senior Deputy District Attorney Reed Dinsmore, who prosecuted the case in a non-jury trial, asked for a 220-month sentence. The judge, however, noted that although he was "horrified" by the events, he had to look to the law and the rulings in similar cases in imposing the sentence.
During the trial early in December, Dinsmore stated that Culbertson, 48, showed up at his former girlfriend's home on College Park Drive Southwest to commit murder and then kill himself. Dinsmore said Culbertson wanted to hurt and humiliate the woman because she had rejected him.
Shelly Barnes, 43, wasn't home when he arrived, and in his anger, Culbertson rummaged through her house, destroying things and firing a bullet into her bed.
When she got there, he tried to force her into her house by pulling on her hair. Dinsmore argued and the judge agreed that if friends had not dropped by, there could have been one or two deaths or a serious injury.
The victim addressed the court prior to sentencing.
Barnes said she was a mother, daughter, grandmother and friend and everyone who knew her or was related to her had been affected by the crime. She said Culbertson's family and his friends also were affected by his actions.
"He had no right to do what he did to me," she said. "People don't have the right to hurt other people. He has taken away my independence and my security, and I hope at some point I will get them back."
Barnes continued: "There are rules and laws, and he broke the rules and now the law has to step up."
Culbertson did not address the court, but a friend and another former girlfriend did. Both William Bramer and Kim Baird said they never saw him touch another person in a violent way. Bramer recounted several instances where Culbertson had helped other people.
Bramer said Culbertson's violence was out of character.
Culbertson's attorney, Daniel Wren of Salem, told the court his client had a relatively light criminal record - disorderly conduct and driving under the influence of intoxicants.
To demonstrate his stability, Wren said Culbertson had worked for one company for 20 years, and in his 48 years had done many things right.