A Lakeview man sentenced to 33 years in prison, after entering a no contest plea to charges he bound a woman with whom he lived with duct tape, then beat, raped and tortured her, will get a day in court to make his case for having his sentence set aside.Fifty-seven-year-old David Gengler was in Baxter County Circuit Court Thursday to take the first steps toward having a full blown hearing on his Rule 37 petition. The petitions seeking post conviction relief are generally based on allegations defense lawyers did not do a good job of representing their clients.
Gengler is claiming he is innocent of the charges against him and did not understand the consequences of entering a no contest plea on the day he was sentenced. He told the court he thought a no contest plea “was just a fancy way of saying not guilty.”
Circuit Judge Gordon Webb said he would appoint an attorney with experience in criminal law to represent Gengler. After the attorney is in place, the judge said he would set a date to hear arguments for and against granting Gengler’s petition.
Gengler entered his plea and was sentenced to prison Nov. 15 last year. He is an inmate in the Grimes Unit of the state prison system at Newport.
In his Rule 37 petition, Gengler contends his attorney did not explain what a no contest plea was. He said if he had understood what it meant, he would not have agreed to accept the plea. Gengler also contends undiagnosed diabetes left him with a high sugar content in his blood that he understands can interfere with “a person’s ability to think straight, comprehend and understand.”
As is normal procedure, when Gengler entered his no contest plea and was sentenced, Judge Webb meticulously went through a lengthy list of questions before accepting the plea and pronouncing sentence.
Among other things, Gengler was asked if he understood what the plea agreement said and the sentence he was facing. Gengler answered in the affirmative. He also said he was satisfied with the advice he had received from his attorneys who came from the Public Defender’s Office.
In his motion asking for a Rule 37 hearing, Gengler said he did not commit the crimes for which he was convicted. He wrote he told his defense lawyer he would never plead guilty to “crimes I did not do” and claimed his attorney said for him “to just say no contest.” He contends he was anxious to go to trial where he could prove his innocence.
Gengler was initially charged with kidnapping and five counts of first-degree battery. Prosecutors then filed the more serious charges of rape and aggravated robbery. Those charges were based on information developed during the investigation that the victim had suffered “severe sexual trauma” while being held against her will.
It was also determined money was missing from several locations in the residence. Gengler was alleged to have had a large sum of money in his wallet when he was booked into the Baxter County Detention Center.
Gengler’s problem with the law began when Baxter County Sheriff’s deputies responded to a residence along Greenwood Avenue in Lakeview May 24, 2016. They reported finding a badly beaten female on the floor near the front door.
Baxter County Sheriff John Montgomery said at the time the victim had marks on her wrists and appeared to have been bound for days. She also had numerous other injuries, including what were thought to be cigarette burns.
Investigators reported finding blood splattered on the walls of the house and a large amount of duct tape with hair stuck to it on the bathroom floor. A knife and bloody cigarette butt were also found and taken into evidence.
The victim was able to make a 911 call requesting assistance. According to an incident report filed by the sheriff’s office, the victim asked for an ambulance but was initially hesitant to say why one was needed. She eventually told the 911 dispatcher, “He will kill me.”
Gengler who was at the residence when deputies arrived, said the victim was bipolar and “falls all the time.” He denied inflicting the victim’s injuries, holding her against her will or having forced sexual relations with her.
During an interview with the victim at a Springfield hospital where she was taken for treatment of her injuries, she told investigators she had been bound for two or three days. She said Gengler taped her in an upright position and punched, beat and kicked her. The victim said Gengler also choked her and burned her with cigarettes.
The victim said her relationship with Gengler began when he moved into her residence in October 2015 to work as a handyman.
Gengler underwent psychological evaluations prior to entering his no contest plea and was found fit to proceed in his cases.
The victim was in court the day Gengler entered his plea and was sentenced. The court’s bailiff stood between the woman and Gengler blocking his view of her.
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