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SALT LAKE CITY — Dale Beckering looks like the grandfather he is. Kind face, unassuming, his eyes peer wide from behind his glasses.
But that unpretentious, incredulousness did not equate innocence for a jury of six women and two men who found the 53-year-old guilty of a lesser, included offense of aggravated abuse of a vulnerable adult acting recklessly, a second-degree felony, in the death of 22-year-old Christina Harms.
The charge was originally a first-degree felony, which could carry a potential sentence of up to life in prison, but the lesser reckless offense coupled with an enhancement of acting in concert with two or more persons made the offense a second-degree felony. The verdict came after almost five hours.
The 22-year-old woman's body was found March 25, 2011 in the living room of the Kearns home she shared with Beckering, his wife, Sherrie, stepdaughter Cassandra Shepard and a number of children.
You can't be guilty of a crime you have no knowledge of.
–Rudy Bautista, defense attorney
Harms' hands arms and hands were bound tight with ace bandages and there was a pepper seed in her eye. Bruises spanned her side and leg. When police arrived at the home, Harms' body was just feet from the closet where she was apparently housed and sometimes bound, crucifixion-style.
Sherrie Beckering and Shepard are each facing a first-degree felony charge of aggravated abuse of a vulnerable adult, but Shepard is also charged with murder, a first-degree felony, and obstruction of justice, a second-degere felony.
Harms suffered from fetal-alcohol syndrome and witnesses said she functioned at the level of a young teenager.
Dale Beckering's attorney, Rudy Bautista, said in closing arguments that while his client may have known Harms was often put in a closet or laundry area, he was not aware of the abuse that ultimately contributed to Harms' death.
"He didn't know the abuse had risen to the level it did," Bautista said. "You can't be guilty of a crime you have no knowledge of."
Deputy chief medical examiner Edward Leis has said dehydration, positional asphyxia, high levels of sedatives, improper care and confinement were the causes of Harms' death.
Bautista pointed to testimony that implicated Shepard as the one administering pills and putting Harms, often referred to as "Nina," in the closet. He said, most of the time, Dale Beckering avoided Harms and had little time to see her anyway, working 12-hour days.
He permitted the conditions to continue and continue and continue. He had a legal duty to act and he failed at that.
–Chad Platt, prosecutor
"The abuse that cost Nina her life happened in a short period of time," Bautista said. "We know who did it and that person is not on trial today."
But prosecutor Chad Platt said Harms was neglected by all three of the adults who should have been taking care of her and that Beckering was implicated by law, even if he knew of the abuse and allowed it to go on. He, too, said knowledge was the crucial component in the case.
"He permitted the conditions to continue and continue and continue," Platt said. "He had a legal duty to act and he failed at that."
Harms was cared for by Dale and Sherrie Beckering for months before Shepard moved to Utah and Platt told the jury that there was "no magical line" that separated the abuse that took place before Shepard arrived and after.
Witnesses testified to seeing Harms outside on an apartment balcony in weather conditions severe enough to prompt them to call police. They also reported that she was yelled at and forced to choke back food from what appeared to be a coffee can.
"She had the mind of a child and you don't treat a child that way," Platt said. "Her life was closing in on her from the moment she arrived in Utah."
Outside the courtroom, after the verdict was announced, Platt said justice was served in that the jury deliberated the evidence well.
"It's definitely an acknowledgement that Dale Beckering had something to do with the death of this woman," prosecutor Alicia Cook added.
Bautista reiterated his belief that Beckering couldn't have caused the abuse that contributed to Harms' death and said he plans to appeal.
"I understand the jury finds him responsible to some degree," Bautista said.
Sentencing in the case has been set for Jan. 30.
A trial in Sherrie Beckering's case has been scheduled for January. Cassandra Shepard has a hearing scheduled for Nov. 22.
Email:emorgan@ksl.com
