Fackelman avoids trial on invasion and assault

Charles Fackelman Enlarge

MONROE -- Nearly five years after he pointed a loaded gun at two Lambertville men, including the person he blames for the road-rage accident that killed his son, Charles Fackelman entered into a plea agreement that will result in his serving no additional jail time.

Fackelman, 51, of Toledo pleaded no contest in Monroe County Circuit Court Thursday to home invasion and two counts of felonious assault.

The plea agreement, which was accepted by Judge Joseph Costello, Jr., will avoid a second trial for Fackelman, whose 2008 convictions were overturned by the Michigan Supreme Court.

A fourth charge -- gun possession, which carries a mandatory prison sentence -- will be dismissed at sentencing.

The convictions stem from the confrontation and attack made March 24, 2007, on Randy Krell outside his Lambertville home and the ensuing altercation at a neighbor's residence.

Fackelman had served nearly 3 1/2 years of a 5 3/4 to 20-year prison sentence before the state's highest court ruled in July that repeated references during trial to a psychological evaluation but never entered into evidence violated Fackelman's constitutional rights to confront witnesses.

The prosecutor appealed the state Supreme Court ruling to the U.S. Supreme Court; however, the panel elected in November not to take it up, sending the case back to Judge Costello.

The plea deal, which was reached after discussions between Fackelman's attorney, John Minock, and Wayne County Assistant Prosecutor Kenneth Simon, stipulates that Fackelman will not go back to prison but instead will be given two years' probation. He also is to have no contact with the victims.

Sentencing is scheduled for Feb. 17.

Nearly nine months after his son was killed, Fackelman confronted Krell. According to testimony given at trial, Fackelman approached Krell with a loaded gun and told him, "We are going to end this."

Krell refused his demands to go to the backyard and instead fled to Tom Williams' home, where Fackelman broke down the door.

Krell fled out the back door while Mr. Williams called 911. Unable to find Krell, Fackelman left the home, went to his mother's home in Toledo, and hid the handgun in the register of a heating duct, witnesses testified.

Mr. Simon said in court the decision to reach a plea deal with Fackelman instead of taking the case to trial was made, in part, because of the difficulty in reconstructing the 2008 trial as well as the cost and time for preparation and litigation.

He also cited difficulty in trying to locate witnesses and have them testify, including the Flower Hospital psychologist whose report was the subject of the Supreme Court decision, as well as another psychologist who testified at the first trial.

Mr. Simon said the plea deal met the approval of Mr. Williams, the neighbor whose home Fackelman entered illegally.

However, Krell, whom Fackelman blames for his son's death, opposes the plea agreement.

Mr. Krell said in court that he has suffered financially because of what happened and he no longer can obtain insurance.

"All I ask is that you give consideration for what I have been through," Krell, 56, told Judge Costello.

Fackelman's oldest son, Charlie Fackelman, was killed in a car chase on June 15, 2006, that began after a teenager who was in the vehicle threw a plastic bottle at Krell's car.

Krell pursued the speeding car driven by Austin Oberle, who lost control and crashed into a tree in Whiteford Township, killing Charlie and partially paralyzing a teenage girl who was a passenger.

A Monroe County jury found Krell guilty of negligent homicide and he went to jail for nine months.

Outside the courtroom, Mr. Minock said that he believes his client is a good candidate for probation and will not have a problem completing the two years.

"He is a middle-aged man with no prior criminal record who was mentally ill at the time and was severely depressed at the loss of his son," he said.

Fackelman posted a $250,000 bond set by Judge Costello and was released from jail in early August.

Contact Mark Reiter at: markreiter@theblade.com or 419-724-6199.