One family argued for a maximum 25-year sentence. The other asked for a minimum 15-year sentence. A Hamilton County judge landed in the middle Monday, sentencing 58-year-old Glen Donaldson to 20 years in prison for fatally shooting his son-in-law in the back of the head in 2016.
Donaldson's defense said he had a strong, supportive family, an excellent work history and no prior criminal record. They pushed for 15 years for the Dec. 29, 2016, fatal shooting of Kenneth Adam Levi, 39, with attorney Ben McGowan repeating the self-defense argument that Donaldson testified to at trial in May. Though Donaldson said Levi was at the kitchen sink and turned to threaten him with a knife, a jury convicted Donaldson of second-degree murder, and he faced 15 to 25 years as punishment during his sentencing hearing Monday.
Prosecutors pushed for the maximum punishment, calling two of Levi's relatives to the witness stand. They said officers never found a knife on scene and reiterated that Donaldson shot Levi from three to four inches away - inconsistent with a self-defense argument. According to a Hamilton County Sheriff's Office affidavit, Donaldson had gone to Levi's residence on Niles Terrace to pick up a bed rail, as Donaldson's daughter and Levi were going through a divorce. Before trial, Donaldson faced a first-degree murder charge.
Glen Donaldson"We would ask you to please give him the maximum sentence," Susan Levi, the victim's mother, said to Hamilton County Criminal Court Judge Don Poole. "It was very hard to know he was free [on bail] for one year. If he gets the maximum sentence, maybe we can all rest knowing he will be locked up forever."
Witness Brian Worley said Levi, his younger brother, wasn't violent and enjoyed magic, science and the pursuit of knowledge. Worley said Levi always showed love, even when Donaldson's family members accused him of hitting rock bottom with drug use. According to a report from Chattanoogan.com, Donaldson testified in May that Levi's demeanor began to change after he asked Levi if he thought his drug use could have anything to do with deformities of he and his wife's stillborn son.
Likewise, Donaldson's father and older brother said Donaldson had never been a violent person. Harold Donaldson said his son and their family never ganged up on Levi. According to his family, Donaldson wouldn't fare well in prison for 25 years because of a neck surgery and an overall limited mobility.
Judge Poole said he considered all the evidence and had to follow state law, which asks him to start with the minimum punishment and then consider any factors that could reduce or enhance the sentence. Second-degree murder is a Class A felony that carries 15 to 60 years, but because he had no prior criminal history, Donaldson faced a 15-to-25-year range.
Poole said he agreed with prosecutors that Donaldson's sentence should be enhanced because he entered Levi's house with a firearm. But he also agreed with the defense that Donaldson had a strong, supportive family and a good work history with no criminal blemishes. Ultimately, he sentenced Donaldson to 20 years.
Donaldson must serve 100 percent of that sentence and has 30 days to file a motion for new trial.
Contact staff writer Zack Peterson at zpeterson@timesfreepress.com or 423-757-6347. Follow him on Twitter @zackpeterson918.