Court denies Bender appeal
The state Superior Court has denied an appeal filed on behalf of Steven W. Bender, a former state correctional officer convicted of killing his estranged wife’s boyfriend. Bender, 36, was found guilty of second-degree murder in July 2001 in the shooting death of Marvin Knieriem. He was sentenced to life in prison without the possibility of parole and an additional seven to 24 years in prison for other related offenses.
Bender claimed he killed Knieriem on May 13, 2000, because the 39-year-old was sexually abusing his 2-year-old daughter. Connellsville police charged that Bender broke into Knieriem’s Highland Avenue home around 2 a.m., searching for the girl, and found her sleeping in bed with Knieriem and his estranged wife, Beverly Pletcher.
At that point, Knieriem was abusing the girl and he shot him once to defend himself, a second time to defend his daughter and a third time because he “lost it,” Bender testified at his trial.
Knieriem was not armed, and testimony indicated he and Pletcher were sleeping.
Bender claimed his sole purpose of going into Knieriem’s home that night was to get his daughter. He testified that he took the shotgun only to intimidate them into handing over the toddler and had no intention of shooting anyone. After Bender shot Knieriem, he put the gun in his own mouth and threatened to take his own life before leaving the home without his daughter. Several hours later, Bender turned himself in to state police at Belle Vernon.
Prosecutors argued that Bender went into Knieriem’s home not to get the toddler but because he was jealous of his wife’s relationship with Knieriem. Bender and Pletcher were common-law married at the time, according to trial testimony. Bender also was convicted of burglary for breaking into the home. He was found guilty of two counts of aggravated assault for threats he made to Pletcher during the shooting.
At his trial, Bender admitted to turning the gun on Pletcher after he shot Knieriem and threatening to kill her. Pletcher testified that when Bender made the threat and pointed the gun at her, she was holding their 2-year-old daughter in her arms.
Bender testified that his threats to Pletcher were empty and he wanted her only to let the toddler go so he could leave with her.
Jurors acquitted Bender of two other counts of aggravated assault related to his daughter and now 9-year-old Cortnie Pahel, who also was in the room at the time Knier-iem was shot. Pahel was Knier-iem’s goddaughter who sometimes stayed with him on weekends.
Bender also was convicted of three counts of recklessly endangering another person in regards to Pletcher, Pahel and his daughter, and one count of terroristic threats.
In the appeal of the conviction, Bender’s attorney, Caroline Roberto, argued that there was not enough evidence to convict Bender of second-degree murder. The Superior Court judges disagreed.