Woman to serve 46 months for supplying gun used in accidental shooting of girl

CEDAR RAPIDS — A federal judge went above the guidelines to sentence a Vinton woman to nearly four years in prison for giving her 16-year-old son a rifle that was unintentionally fired resulting in the death of 14-year-old Emma Redlinger on Feb. 24, 2015, in Merchant's home. The fact the woman influenced her son's drug use also was factored into the decision, according to the judge.

U.S. District Chief Judge Linda Reade sentenced Robyn Merchant, 53, to 46 months, saying the guidelines for a sentencing range up to two years don't adequately take into account Merchant's conducts, such as the fact she was distributing drugs to high school students.

Merchant pleaded guilty to transfer of a firearm to a prohibited person in May. She admitted to purchasing and giving her son Dillon Winterroth a Walther HK MPS 22LR semi-automatic rifle, the day before Redlinger was shot.

On the day of the shooting, Winterroth, William Hines Jr. and another teen were passing around the gun that day in Winterroth's bedroom when it discharged, juvenile petitions show. Redlinger died four days later. The teens initially lied to police about what had happened, but Hines eventually admitted he was holding the gun when it discharged, according to the petitions.

Winterroth, now 17, pleaded guilty earlier this year in Juvenile Court to misdemeanor drug charges.

Hines is charged with involuntary manslaughter, interference with official acts and harassment of public officers and employees, and is to be tried as an adult. His trial is reset to Nov. 7 in Benton County District Court.

Merchant, also known as Robyn Winterroth, admitted during her plea that she knew her son used marijuana.

Merchant declined to say anything to the judge during sentencing on Monday.

Reade called Merchant's actions 'reckless and ill advised' regarding buying a rifle for her 16-year-old 'drug using son' and letting him and his friends play with it.

Reade pointed out Merchant also is at high risk to recidivate.

Merchant, in the presentencing report, said she had used marijuana since she was 19, the judge added.

Reade also ordered Merchant's federal sentence to run consecutively to any jail time she may receive if convicted of possession of a controlled substance — marijuana — in a Benton County case.

Assistant U.S. Attorney Lisa Williams in arguing for more prison time said it is 'horrifying that she conspired with her high school son to distribute marijuana to other children,' which ended in a death.

Williams said the defense would argue that Merchant 'didn't intend for Emma to die, but what other possibility is there ... if he's given a gun and ammunition while using drugs — what else do you think will happen?'

John Burns, Merchant's lawyer, argued Merchant couldn't have foreseen what would happen, it's nothing unusual for a mother to buy her son a gun and this was an accidental shooting, which could have happened without drug activity.

Burns asked the judge to consider Merchant's life and mental health. She was emotionally abused by men throughout her life and she suffers from depression, he said.

Reade said the abuse was self-reported by Merchant. There is no police report to verify those accounts.

Williams also pointed to Merchant's pretrial release being revoked for testing positive and not showing up in state court. Merchant also wasn't truthful about her drug use to the federal magistrate, she said.

Williams said Redlinger's parents declined to provide victim's impact statements to the court or attend Monday's hearing.