Clark murder convict asks for chance at parole

Posted 9/4/14

An attorney for Stephen Hammer, 20, filed a motion in Park County’s District Court Friday asking Judge Steven Cranfill to reduce Hammer’s sentences in connection with the killings of Ildiko Freitas, 40, and her parents, 70-year-old Hildegard and …

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Clark murder convict asks for chance at parole

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Filings claim Hammer was under influence of drugs, co-defendant 

A young Cody man who murdered a Clark resident and helped murder two others in March 2013 is asking a judge to one day have the chance to be released on parole.

An attorney for Stephen Hammer, 20, filed a motion in Park County’s District Court Friday asking Judge Steven Cranfill to reduce Hammer’s sentences in connection with the killings of Ildiko Freitas, 40, and her parents, 70-year-old Hildegard and 69-year-old Janos Volgyesi.

The motion asks Judge Cranfill to change Hammer’s sentences from three consecutive terms of life in prison — including one without the possibility of parole — to effectively one term of life in prison with the possibility of parole.

“What I have done is inexcusable and will haunt me for the rest of my life, as well as the lives of numerous others. However, one action does not define who I am or who I’m going to be,” Hammer wrote in a letter to the judge. “Please help me by giving me a chance to one day become a productive member of society so that I may prove to the world and myself that I am worthy.”

If granted, the reduction would allow a governor to commute Hammer’s sentence to a term of years and potentially allow him to be paroled. Currently, the only way Hammer could be freed is if a governor pardoned — that is, completely absolved — him of the the crime.

A defendant can only request a reduction within a year of sentencing; Friday’s filing came a few days short of the deadline.

Hammer had accepted the sentence a year ago as part of a plea agreement with the Park County Attorney’s Office that included other charges being dropped.

Park County Attorney Bryan Skoric said Wednesday that he’ll object to the request for a sentence reduction.

“A plea agreement’s a plea agreement, and the court accepted it and it speaks for itself,” Skoric said.

Court records show that as a part of the deal, Hammer had actually agreed not to ask for a modification or reduction to his sentence.

Hammer’s codefendant, 20-year-old Tanner Vanpelt of Cody, did not file a request for a reduction to his three consecutive terms of life in prison without the possibility of parole.

Hammer had been friends with the Freitas and Volgyesi family and he and Vanpelt had traveled to their remote Clark home in a roommate’s car, looking to take Freitas’ Audi A4.

When Freitas didn’t give Vanpelt the keys to the vehicle, he pulled out a handgun — stolen from the Cody pawn store — and shot her in the head, investigators said. Hammer, reportedly surprised to see Hildegard Volgyesi in the basement, then fatally shot her with another of the stolen guns, emptying his clip and hitting her with five shots; Vanpelt shot the woman again when she continued to move.

Vanpelt then gunned down Janos Volgyesi in the family’s garage as he fled with Freitas’ vehicle.

While Vanpelt did the majority of the violence, Thomas Volgyesi — Janos and Hildegard’s son and Ildiko’s brother — said at last year’s sentencing hearing that he held Hammer more responsible.

“You’re the one who knew my sister and you knew that she had the car. If it wasn’t for you, she’d still be alive today,” Thomas Volgyesi told Hammer.

In support of the request for a reduction, senior public defender David Serelson of Cheyenne said Hammer was under the influence of methamphetamine at the time of the crimes, had no prior criminal history, cooperated with police, expressed remorse for his actions, displayed good behavior while held in the Park County jail and is also a young man.

“Science and life experience teaches us that a 19 year old is not an adult in acting responsibly, vulnerability to negative influences, ability to remove themselves from criminal activity or engaging in risky behavior. 19 is a teenager,” Serelson wrote.

Serelson also argued that life is a disproportionality harsh sentence for a young man, noting that when Hammer is 50, 60 or 70, he’ll have served more time than most adults who’ve committed first-degree murder.

“At 19 he should not be punished more severely than a 30 or 40 year old adult who committed similar crimes,” Serelson wrote.

He also noted that the reduction wouldn’t guarantee his release on parole, only allowing for his release if a governor and a parole board agrees it’s in the interests of the state.

Several family members also submitted letters to Cranfill on Hammer’s behalf, along with two pastors and a family friend.

They generally make the argument that Hammer is a good person who was led astray by Vanpelt.

His mother, Carmen Hammer, said Vanpelt “got my son started on methamphetamine and oxycodone” and that her son had been awake for nine straight days at the time of the murders.

“Stephen was not in his right mind and not capable of making good decisions,” Carmen Hammer wrote. “If it weren’t for Tanners (sic) control and influence, my son would never have been involved in anything like this.”

Carmen Hammer also said her son is not a monster and doesn’t deserve to die in prison.

“Would you send your own child away for three consecutive life sentences without the possibility of parole? I beg you; please give my son another chance,” she wrote to Cranfill. “If you knew my son like his family and friends do, you would reduce/modify his sentence.”

Judge Cranfill had not taken any action on the request as of Wednesday. He has the discretion to rule on the request with or without a formal hearing.

Stephen Hammer

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