Plottke Professes Innocence, Moves to Withdraw Guilty Plea

February 6, 2014

Dustin Plottke, the man who, two weeks ago, admitted to killing Thompson Township teenager Daniel Swan in July 2010, has filed a motion to withdraw his guilty plea less than 48 hour before learning his fate.

The six-page motion Motion to Withdraw Guilty Plea, filed by Cleveland attorney Michael Peterson, was filed with the Geauga County Clerk of Courts at 1:18 p.m. Wednesday. It seeks to throw out the guilty plea Plottke entered before Common Pleas Court Judge Forrest Burt on Jan. 22.

Plottke’s counsel of record, however, is Cleveland attorney Henry Hilow — not Peterson.

Burt appointed Hilow on Aug. 5, 2013, after the 27-year-old Rome, Ohio, resident was determined to be indigent. Hilow has not withdrawn as counsel, according to court records.

Burt’s bailiff, Joanne Monaco, said the Feb. 7 sentencing hearing will proceed as scheduled, although she said she expects the court to discuss Plottke’s representation and motion first.

In the motion, Peterson argues that despite pleading guilty to aggravated murder, Plottke “still maintains his innocence of these charges and desires to exercise his right to a jury trial as required by the Constitutions of the United States and the State of Ohio.”

Attached to Peterson’s motion is a five-paragraph sworn affidavit from Plottke, in which he professes his innocence and said he pleaded guilty because he understood, as part of a joint plea agreement, he would sentenced to a “25 to life term.”

In paragraph four of his affidavit, Plottke states: “That he only pled guilty out of fear and panic and that he could be sentenced to a mandatory life term if he proceeded to a jury trial and lost.

“He states that this panic and fear clouded his judgement and prohibited him from truly understanding his trial rights and the consequences of his plea.

“He states that now he has had time to reflect on his decision to plead guilty and now wants to withdraw his plea.

“He states that he is not guilty of the crimes alleged and desires to exercise his constitutional right to a jury trial.

“Finally, he states that the statement he made at sentencing regarding his participation in the crimes charged was something that he read from or learned of in the discovery materials and not the true facts as he recalls them.”

Plottke, along with Matthew Boone, 23, also of Rome, were charged last year in connection with the 17-year-old Thompson teen’s death. They were both indicted on the third anniversary of the incident.

Boone pleaded guilty to complicity to murder and tampering with evidence on Nov. 4 for his role in the murder of Swan, who was found in the middle of Sidley Road with multiple injuries to his head on July 25, 2010.

The Thompson Township teen never regained consciousness and passed away three weeks later.

Swan’s death went unsolved until a random investigation during a July 2012 burglary in Montville Township gave Geauga County Sheriff’s Office detectives a break in the case.

Boone was sentenced to 15 years to life in prison on Dec. 20. During his sentencing, he admitted to disposing of the truck and pipe used in the murder.

As part of Boone’s plea, he agreed to cooperate with prosecutors in Plottke’s trial.

However, Plottke’s understanding of the plea deal he entered into, the potential penalty he faced and the consequences of his plea contradict answers he gave to Burt during the Jan. 22 change of plea hearing.

“In terms of potential penalties, you understand that there is a mandatory sentence of life in prison on this charge?” Burt asked Plottke.

“Yes,” he said.

“That the only discretion that I would have is whether you would be eligible for parole after 20 years or after 25 years or after 30 years, or I could sentence you to prison for life without parole, do you understand that?”

“Yes.”

“Now the plea agreement, you understand would be a joint recommendation that you be eligible for parole after 25 years, do you understand that?”

“Yes.”

“Do you also understand that I’m not bound by that recommendation?”

“Yes.”

“So it’s totally up to me as to, not the sentence of life, but as to when you would be eligible for parole, you understand that?”

“Yes.”

Later in the hearing, Burt asked Plottke if he was pleading guilty to the charge of aggravated murder.

“Yes,” he said.

“Are you admitting to me that you committed the acts that constitute the crime of aggravated murder?” asked Burt.

“Yes.”

“To be more specific, the indictment charges that between July 25, 2010, and Aug. 17, 2010, you did purposely and with prior calculation and design cause the death of another, to wit, Daniel R. Swan. Is that what you did?”

“Yes.”

“Tell me what you did,” Burt instructed Plottke.

“We were driving down the road … me and my co-defendant, Boone, … and he hit him … we turned around and I beat him over the head with a steel pipe,” Plottke said.

“I’m sorry,” Burt said, unable to hear the tail of Plottke’s statement clearly.

“I beat him over the head with a steel pipe,” Plottke said, in a raised voice.

“And he died?” Burt asked.

“Yes,” Plottke answered, nodding his head.

“Then I find you guilty of aggravated murder,” Burt said.

In his signed Written Plea of Guilty, Plottke also stated he understood he was waiving and rejecting his constitutional rights, including his right to a jury trial.

Burt also had Plottke state on the record during the hearing that he understood his rights and privileges, and was waiving and rejecting them by pleading guilty.

Plottke is scheduled to be sentenced  at 9 a.m. Friday.