The sentencing......
On January 14, 2004 the Clinton County Court sentenced David Mueller to a mere six years for violently taking the life of Bert. Six years. How can the Justice System allow such a light sentence for a cold blooded killer?
I am going to start this page off with the impact statement that was written by Bert's brother David, David's wife, a dear friend Kelly, my wife, myself, and a few other friends. The letter was read to the court prior to the sentence being handed down by David Cundiff's wife Crystal. Although we were told by the prosecutor prior to the proceedings what the outcome would be and we knew our letter would do no good in increasing the prison term, the letter we hope will somehow haunt David Mueller.
The Impact Statement:
Your Honor,
I appear before the court on behalf of Robert Cundiff’s family & friends. We all knew him as Bert Cundiff. We know that there was a pre-sentencing investigation done for this hearing, however we don’t feel like you could know Robert Cundiff the way he should be known. We do not feel that the investigation could reveal what was stolen from us, and from Bert, when David Mueller decided the he, himself, should become Judge, Jury, and Executioner of Robert Cundiff. We really appreciate this opportunity to let you know the Bert we all know and love.
First of all Bert was not a perfect person or a person without any faults just like any normal human being, but he was perfect in more ways than not. Bert was so many things to a lot of different people. His heart was bigger than life and made of solid gold. He was a great Dad to his children, Christian, Abby, Carlie, & JoJo. Bert loved his family more than anything! He would have done anything for his children, his family, and his friends. He was known as Uncle Bert to Kyle Cundiff & Clay Napier who loved the attention Bert always showed them. Bert was a son that his mom Pin depended on daily. We all wondered if he would ever move away from his Mom’s house, and when he did get his own home he made sure his Mom was his closest neighbor by putting his home on the lot in her back yard. He knew she needed him and this way he could be there for her to fix what was broken, mow the yard, and help her with whatever she needed. Bert was the only brother David Cundiff had left since his brother Paul was tragically killed in an auto accident by a drunk driver only a few years prior to Bert’s brutal death. Bert has so many friends that I can’t begin to name them all or we would be here for quite some time. He had no enemies. The reason everybody loved Bert was, because he was someone you could depend on, someone you could trust, someone who would give you his all and then some. He loved to laugh and to make people laugh. His favorite holiday was Christmas, because he loved the spirit of giving. He loved to invite all his friends and family over for holiday dinners in his new home just to have them around. Bert would help anybody with anything, all’s you had to do was ask.
Bert’s favorite music to listen to was Peter Frampton. His dream was to open up his own machine shop so he could be home with his children more and have them with him even at work. He had vision in seeing potential when other people did not. His favorite past time was to work on what ever car he had that needed to be fixed. He would buy a car that needed all kinds of work just to fix it up. And he would put his heart and soul into working on it and when he got it running he would be so proud, you’d think he was driving around a brand new Cadillac. That was Bert, he worked hard at everything in life and didn’t quit on anything. Even in times when he should have given up on something he wouldn’t. He wouldn’t give up on a marriage that was failing, because to Bert his family was everything! All in all Bert was a great individual and we all miss him very much!
David Muller has admitted his guilt through a plea bargain. A plea bargain to a lessor offence than which he was charged. We, the family and friends of Bert, would like to see you impose the maximum sentence allowed on all the charges brought forth here today. The admission of his guilt in this plea bargain should not allow for a lesser sentence than the maximum allowed by law. David Muller has not shown any remorse for the crimes he has committed. The only regret that has been shown is for himself and his family. We feel bad for his family as well as our own, however reality is that what ever sentence you give him at the end of the term he will get to be with his wife and children. His wife and children will still be able to visit him, to write to him, to talk to him, to hug him. Bert and his family and friends don’t get that same option. Bert’s children will remain without their father for the rest of there impressionable lives. We, the friends and family of Bert feel lost without him. Not a day goes by that we do not feel the pain and emptiness in our lives from the loss of such a great man. There is no justice in David Muller getting away with these crimes with no more than a slap on the wrist or lightened sentence. So once again we plead to the court that the maximum sentence be imposed and we would like to thank you for your time and consideration.
Sincerely,
The Loved Ones of Robert (Bert) Cundiff
During the reading of this letter, tears were shed by nearly everyone on our side of the courtroom. Although I had read the letter many times prior to the proceedings, hearing them out loud in the court room brought back everything and made it all too real. The fact that in six years Mr. Mueller will be a free man was more than I could bear.
After the reading of this letter, the Judge asked Mueller if he had anything to say on his behalf before sentencing was handed down. He calmly leaned forward to the microphone and said "I have nothing to say". How about "I'm sorry"? This just further shows his cold blooded and ruthless nature. To this day I truly believe he has no remourse whatsoever for the pain he has caused.
I will continue to add to this page as soon as I get the other letters that were sent to the judge and will add any follow up media coverage than may become available. There are still 2 more trials
Follow the story as it unfolds in the media
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