Ochse, Kendall Address Deceased’s Family At Sentencing Hearing

Ochse, Kendall Address Deceased’s Family At Sentencing Hearing
Ochse

SNOW HILL — Two local men involved in the death of a Pennsylvania man last summer were sentenced on Thursday to the maximum amount of jail time allowable under a plea agreement reached in January.

In January, Caleb Edwin-Earl Ochse, 28, of Ocean City, and Christopher Blake Kendall, 22, also of Ocean City, entered a plea arrangement in Worcester County Circuit Court in which they agreed to plead guilty to affray, a common law charge essentially indicating they were guilty of participating in a fight in a public place. Ochse and Kendall had been charged with manslaughter for their roles in the fight that ultimately led to the death of Justin D. Cancelliere, 37, of North Whitehall, Pa. last Aug. 24.

As part of the binding plea arrangement, Ochse faced a maximum sentence of active incarceration of 18 months, while Kendall faced a maximum of one year. On Thursday, Worcester County Circuit Court Judge Thomas C. Groton sentenced Ochse to six years, with all but 18 months suspended, as prescribed by the plea agreement. Groton sentenced Kendall to three years with all but one year suspended.

Kendall was also placed on supervised probation for two-and-a-half years upon his release, was ordered to have drug and alcohol counseling and ordered to complete 50 hours of community service. The judge ordered the same conditions for Ochse, with the exception of 100 hours of community service. Ochse was also ordered to continue to mental health counseling. Ochse has remained in custody since his arrest in August following the incident, or roughly seven months, so he will serve the remaining 11 months of the 18-month sentence. Kendall had been out on bond since his arrest and will serve the entire one-year sentence.

Around 3 a.m. on Aug. 24, Ocean City Police and Emergency Services responded to a hotel parking lot on 2nd Street for a reported assault. OCPD officers found the victim, later identified as Cancelliere, unconscious and unresponsive. First responders from the OCPD and Ocean City Fire Department initiated emergency lifesaving procedures on the victim and transported him to AGH where he was later pronounced deceased. An autopsy was performed and the Office of the Chief Medical Examiner ruled to nature of Cancelliere’s injuries as head and neck trauma and the cause of death a homicide.

The investigation revealed an altercation between Ochse and Kendall and Cancelliere and his group occurred in the area of Talbot Street and Baltimore Ave. The evidence included video surveillance tapes from Fat Daddy’s restaurant near Talbot Street where the defendants and the victims were seen just prior to the incident. A second video surveillance tape shows an unconscious Cancelliere being removed from a taxi in the parking lot of the Plim Plaza Hotel on 2nd Street where the victim and his group were staying.

What happened in between is known only to the defendants and members of the victim’s group along with a few bystanders who provided testimony about the altercation. The sentencing came after a raw and emotional hearing on Thursday. The victim’s wife, Trisha Cancelliere, told the court of her struggles since her husband’s death and asked the judge to hand down the maximum sentences allowable.

“On Aug. 24, a crime was committed that forever changed my life,” she said. “I lost my husband and best friend and my children lost their father. They killed a really beautiful person and they should be held accountable for their actions.”

Cancelliere’s mother, Tracey Vanderstad, told the court her son’s dreams will never be realized while the defendants will have opportunities for productive lives and potentially families of their own.

“How is it fair that these two will have the chance to do everything my son aspired to do?,” she said. “My heart is beyond broken and will never be whole again. We will never see him again or hear his voice. All we have now are pictures and memories.”

Worcester County State’s Attorney Beau Oglesby said the case was difficult, which led to the plea agreement with the defendants.

“There were several serious challenges that this case presented that led us to this plea,” he said. “The state is asking for the maximum sentence allowable under the plea agreement. When they return to the community, it should be on a very short leash if they stray from the path again.”

Deputy State’s Attorney William McDermott pointed to the victim’s family and friends in the courtroom.

“This death is a tragedy for their community and our community and we agonized over the course of this case,” he said. “We talked about the benefits of going to trial, but what we believe happened and what we could prove happened relied on the evidence.”

McDermott referenced another recent case in which two long-time friends got into a fight outside a downtown Ocean City bar that resulted in the death of one and a manslaughter conviction for the other. In that case, the establishment had 16 video surveillance cameras inside and out and painted a clear picture of the events.

“We didn’t have a camera in front of Fat Daddy’s and many of our witnesses are overseas, which led us to the table of compromise,” he said. “Only three people know exactly what happened. Two of them are at the defense table and one of them is dead. This was a senseless and preventable affray and they could have chosen to walk away.”

Attorney Jeff Ray, who represented Kendall, agreed the case presented challenges and said his client was intoxicated and had little memory of the incident.

“This was senseless and preventable,” he said. “My client does not remember exactly what happened. A lot of bad choices were made that night. It’s clear he has a problem with alcohol and he has made attempts to address his issues.”

Attorney Mike Farlow, who represented Ochse, said he first encountered his client when he was a prosecutor in Worcester County several years back.

“Back then, he was a disrespectful, angry young man and I expected to see that same individual this time, but I didn’t see that,” he said. “I saw somebody who has matured, developed and evolved.”

When Ochse had his opportunity to address the court, he launched into an emotional apology.

“To Justin’s friends and family, I am sorry,” he said. “I am sorry that I have to be here in front of you today under such devastating circumstances. I never imagined I would find myself in such a tragic situation. I cannot tell you how many times I have replayed that night again and again in my cell, asking what and why. Why did I go out and leave me house that night? Why did my path and Justin and his friends have to cross?”

Ochse said none of the combatants set out that night to get into a fight, and continued his emotional apology.

“Without question, everyone involved, given a chance to do things over that night, would do everything entirely different,” he said. “The devastation it has caused you cannot be put into words. I know I cannot fully comprehend the grief and sense of loss you are going through and I am well aware of that. My thoughts and prayers have been with you, Justin’s friends and family, since day one and they will continue to be. I am sorry.”

Ochse then changed course somewhat and attempted to paint a picture of the events. He said he went to the restaurant to get carry-out food and met a Russian girl, who agreed to come back to his apartment.

“Never in the restaurant did I have any contact with Mr. Cancelliere or his friends, so when we were suddenly ambushed and surrounded, I did everything in my power to alleviate and get away from the situation,” he said. “Again and again I begged to be left alone, but they relentlessly pursued us. I had food in one hand and a girl in the other and all I wanted to do was go home.”

For his part, Groton pointed to the defendants’ varying criminal pasts and urged them to comply with the sentences or be faced with returning for much longer time in the state penitentiary.

“Needless to say, this is a most difficult case,” he said. “I sense the frustration of it, because we don’t know exactly what happened. The bottom line is, whatever I do is not going to change this tragic loss. I have reviewed the case and the tapes and, frankly, they weren’t very helpful. The only thing we know for sure is Mr. Ochse and Mr. Kendall left the restaurant and Mr. Cancelliere and his friends left shortly thereafter. The only thing we know after that is that there was a fight and Mr. Cancelliere is dead.”