Heath man gets 5 years for 2020 armed attack on friends

By DOMENIC POLI

Staff Writer

Published: 01-31-2023 6:15 PM

GREENFIELD — A Heath man was sentenced to five years in jail on Tuesday for trying to “hunt down” two of his friends in the woods while intoxicated in October 2020.

Olin D. Schwenger-Sartz, 39, will serve consecutive 2½-year sentences at the Franklin County Jail and House of Correction after pleading guilty in Franklin County Superior Court to two counts of armed assault to murder. He also pleaded guilty to single counts of assault with a dangerous weapon, carrying a firearm while intoxicated, discharging a firearm within 500 feet of a building, improper storage of a firearm, improper storage of a large-capacity firearm, malicious damage to a motor vehicle, OUI-liquor over .08% and reckless operation of a motor vehicle.

A three-month sentence for the charge of discharging a firearm within 500 feet of a building will be served concurrently, or at the same time, as the first 2½-year sentence. Schwenger-Sartz also was sentenced to two years of probation for the other offenses.

On Oct. 4, 2020, Schwenger-Sartz was at his Route 8A home in Heath, drinking heavily after a difficult breakup with his girlfriend, according to prosecutors. Deputy District Attorney Jennifer Suhl said that upon being checked on by some friends, Schwenger-Sartz retrieved an unsecured 9mm handgun from a dresser and asked his friend if he wanted to die. Suhl said Schwenger-Sartz pulled the trigger but the chamber was empty.

Suhl, who prosecuted the case, reports one friend fled from the house and ran into the woods with his girlfriend. Schwenger-Sartz then fired 10 rounds into the woods from his porch while shouting threats. The two people taking refuge in the woods called 911 but the call was disconnected due to poor cellphone reception.

The other friend, who was still in the house, repeatedly struck Schwenger-Sartz with a frying pan and wrestled the gun away from him before running to the other friend’s home and hiding in a doghouse there until authorities arrived. Suhl said Heath does not have a full-time police department and it took State Police troopers at least 30 minutes to arrive.

Suhl reported that Schwenger-Sartz then retrieved a 12-gauge pump-action shotgun and tried to find and kill the three victims. He also threatened to kill one of the men’s dogs and came within 10 feet of the doghouse one of the victims was hiding in.

Schwenger-Sartz then damaged one of the men’s trucks and towed it to a nearby roadway, according to Suhl. He also called one of the male victims and left a threatening voicemail that Suhl played for Judge Mark Mason.

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Suhl explained Trooper Michael Leslie was the first on scene and attempted to signal Schwenger-Sartz to stop his vehicle. Suhl said Schwenger-Sartz ignored the command and drove at Leslie, who jumped out of the way to save himself from injury. More troopers arrived and worked to make Schwenger-Sartz surrender. Suhl said Schwenger-Sartz was irate and screaming at troopers, who deployed a taser to subdue him.

Suhl mentioned authorities were alerted to the shotgun’s location in a pile of metal roofing material on Schwenger-Sartz’s property on Oct. 19.

Mason asked Suhl for evidence of intoxication and the deputy district attorney explained that assertion came from multiple witness statements and the observations of state troopers. No breathalyzer was administered.

Defense attorney David Rountree said “alcohol was only part of” the incident. He said his client was severely intoxicated but this was exacerbated by a friend having given him a pill, resulting in Schwenger-Sartz remembering only some of what happened.

Suhl told the judge the only reason Schwenger-Sartz is not facing a murder charge is because his gun was unloaded and his friends “are really good at hiding.”

“They’re lucky to be alive,” Suhl said. “This was not a momentary lapse of judgment.”

She said the victims endured “an almost 40-minute reign of terror” and “the impact on them cannot be minimized.”

Suhl also said the State Police Air Wing was deployed during the incident.

The deputy district attorney read victim-impact statements from one of the friends and that man’s girlfriend. Both expressed sadness over having lost such a close friend but said they are scared to be in Schwenger-Sartz’s presence. The other male friend spoke to Mason via Zoom, saying he has had panic attacks that, on at least two occasions, nearly led to suicide. He also said this incident ruined his friendship with the third friend, because talking about the near-fatal experience has become inevitable.

“We just end up talking about that night,” he said. “It’s depressing.”

That friend also said he has missed a lot of work due to sleepness nights.

Rountree said that, due to his client’s impairment that night, he initially thought the people in his home were intruders. Rountree said his client apologizes “from the bottom of his heart.” He also mentioned that all the firearms used were legally registered and Schwenger-Sartz has a license to carry.

“He will never have a gun again,” Rountree said, elaborating that Schwenger-Sartz’s felon status would prohibit that. “He’s a different person than he was.”

At least 14 family members, friends and colleagues were in the courtroom in support of Schwenger-Sartz on Tuesday.

Rountree also pointed out that his client was holding his two-year chip from Alcoholics Anonymous.

“It’s something that he’s proud of,” the attorney said.

Before sentencing Schwenger-Sartz, Mason acknowledged the defendant had completed a rehabilitation program in Gardner but said alcohol was a contributing factor to these crimes, not the cause. He referred to the case’s facts as “horrific” and “a nightmare.”

Mason said Schwenger-Sartz’s sentences are about both rehabilitation and public protection.

Schwenger-Sartz was given the opportunity to say goodbye to his loved ones before being taken away in handcuffs.

His conditions of probation include having no contact with the three named victims and participating in mental health treatment at the direction of the probation department. He has earned 68 days of credit while he was locked up before being released with conditions on personal recognizance.

“The victims should be commended for their courage during this terrifying, life-threatening incident,” Suhl said in a statement after Tuesday’s sentencing. “Hopefully today’s convictions and sentence can assist them in their continued healing.”

Reach DomenicPoli at: dpoli@recorder.com or 413-930-4120.

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