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Stolen weapons conviction may lead to life in prison for Charles City man

Jun. 15, 2014 1:00 am, Updated: Jun. 16, 2014 11:36 am
A federal judge ruled Thursday a Charles City man convicted of stolen weapon charges can be sentenced up to life in prison based on his prior violent criminal history and his alleged involvement in a 2012 homicide of a retired Clarksville grocery store owner.
Randy Patrie, 41, pleaded guilty last September to possession of firearms by a felon as an armed career criminal and possession of sawed-off shotguns. But instead of a possible 20 years, he now faces up to life.
U.S. District Chief Judge Linda Reade said in her 62-page sentencing order that 'by a preponderance of the evidence(Patrie) willfully, deliberately, maliciously and with premeditation murdered” Carl Kenneth Gallmeyer, 70, of Nashua, Sept. 25, 2012.
Reade said there was evidence Patrie used a .410 gauge sawed-off shotgun in connection with a burglary and Gallmeyer's death resulted during the commission of the burglary.
Patrie hasn't been charged with Gallmeyer's fatal shooting but as part of sentencing a judge can consider all relevant criminal conduct. During the first part of the sentencing hearing back in February, prosecutors presented evidence and testimony regarding stolen items and firearms belonging to Gallmeyer that were found at Patrie's residence.
Patrie's sentencing hearing continues Thursday in U.S. District Court and the court will hear victims' impact statements and arguments from both attorneys on sentencing.
Assistant U.S. Attorney CJ Williams asked the court to consider the 'odds of alignment of evidence,” according to a sentencing memo. What are the odds the person that burglarized the house was somebody other than the killer when items examined and discarded are found on top of the victim's body, or the odds that Patrie has a sawed-off .410 gauge shotgun but didn't shoot the victim. A criminalist testified the murder weapon was consistent with a sawed-off .410 gauge shotgun.
Williams said isn't it more likely Patrie burglarized Gallmeyer's house, killed the man with his .410 gauge shotgun after a failed attempt to find Gallmeyer's large 'stash of cash.” Gallmeyer's body was found lying in his bed with a single gunshot wound to his head Oct. 4, 2012 when police responded to a welfare check.
Reade in her ruling pointed out the testimony of Denny Hamm, Patrie's uncle, who said he told Patrie about 10 months before the homicide that Gallmeyer kept large amounts of cash in a safe at his home.
Hamm said he showed Patrie where Gallmeyer lived, a rural property with the closest neighbor a mile and half away. The house was secluded and sat about 200-300 yards back from the road.
Later, Hamm said Patrie had checked out Gallmeyer's house. Patrie pretended to run out of gas or have a flat tire near his house and asked to use Gallmeyer's phone.
Hamm said a week or two before the burglary and homicide, Patrie asked Hamm if he wanted to burglarize Gallmeyer's home, according to court documents. After the homicide, Hamm asked Patrie if he had anything to do with the burglary or homicide but Patrie just laughed and denied it.
According to other testimony, Patrie was gone on the night of the homicide and he was seen unloading boxes from his car the next day. Numerous items were stolen from Gallmeyer and found at Patrie's including multiple firearms, a flat-screen television, a dummy surveillance camera and a night vision scope.
Authorities also found other stolen items from other burglaries in the area and a .410 gauge sawed-off shotgun, which Reade concluded 'by a preponderance of the evidence is the murder weapon.”
Reade said Wendi Patrie testified that when her husband saw on television that Gallmeyer was found dead, his face 'turned white and he swallowed hard.”
Authorities haven't been able to identify any other potential suspects of the burglary and homicide, and Patrie provided false leads when they did question him, Reade wrote.
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