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AMERICAN FORK — An Orem man convicted of beating his 79-year-old stepfather to death during a fight over alcohol was sentenced to up to five years in prison Tuesday.
"This was a tragic event that didn't have to happen," 4th District Judge Christine Johnson told Strider Logan Diem. "But if you roll it all back to the beginning, it started when you didn't walk away. ... Given the result of what happened here, I think the conclusion must be that prison is the appropriate sentence."
Diem, 34, pleaded guilty in January to homicide by assault and aggravated abuse of a vulnerable adult, both third-degree felonies. Johnson ordered Diem to serve two concurrent terms of zero to five years in prison.
Diem stood Tuesday holding a tissue in his hand as he told the judge several times that he felt bad for what happened to Melvin Rowley and that he wanted to take responsibility.
"I didn't mean for what happened to happen. I recognize that I made a lot of very serious mistakes. I have major responsibility in this. I would like to take responsibly for my part in this and move on," he said, often times rambling during his speech. "I'm sorry. I feel terrible for the Rowleys, their children and grandchildren. I've tried to imagine how they must feel, and they must hurt more than I know."
Diem and his attorney requested jail time and supervised probation instead of prison. Defense attorney James Wright said he was "offended" by reports from police and the media that his client simply attacked Mel Rowley and that he was not taking responsibility for what happened.
"I don't see someone who doesn't think he didn't do anything wrong," Wright said.
But even though this was Diem's first felony conviction, the judge pointed to a 2012 Adult Probation and Parole report written for a misdemeanor stalking conviction of an ex-girlfriend, in which the probation officer said that Diem was thought to be a danger to society because he was unable to curb his compulsive behavior.
I didn't mean for what happened to happen. I recognize that I made a lot of very serious mistakes. I have major responsibility in this. I would like to take responsibly for my part in this and move on... I'm sorry. I feel terrible for the Rowleys, their children and grandchildren. I've tried to imagine how they must feel, and they must hurt more than I know.
–Strider Diem
"Somebody saw the handwriting on the wall," Johnson said. "You were on probation. You were being supervised. And even then you were intoxicated. In all good conscience, I can't consider probation given these facts."
Diem, who lived with his mother and stepfather, arrived home drunk on June 26, 2013. Diem had battled problems with alcohol abuse in the past and was told not to drink at the house.
Diem's mother, Karin Rowley, checked his backpack, found a bottle of whiskey, and poured it out. As they were arguing, Diem "poked" his mother in the nose, which prompted his stepfather, Melvin Rowley, to get involved. Rowley told Diem not to treat his mother like that. That prompted an argument between the son and stepfather.
As the argument escalated, the Rowleys pushed Diem into his room. It was at that point, prosecutors say, that he went "wild" and kicked the bottom of the door out.
When confronted again, Melvin Rowley put Diem in a headlock and his mother hit her son on the head with the empty whiskey bottle, apparently in an attempt to knock him unconscious. In court Tuesday, Diem's attorney brought a replica of that bottle to show the judge.
As the struggle continued, Diem struck Rowley several times, reportedly telling police later that he could not hit his mother.
He eventually walked out of the house. Melvin Rowley told his wife he was OK and to go after Diem. But when she returned to the residence a few minutes later, Rowley was unconscious and wasn't breathing. He had suffered a massive heart attack and later died.
Before sentencing, prosecutors and the defense gave conflicting statements about Melvin Rowley's health. Diem's attorney, James Wright, said the autopsy showed Rowley's heart was due to fail at any time.
Rowley's son, Jason Rowley, who was visibly upset with the defense's characterizations of the events, said his father had run 15 marathons during his lifetime and was still very strong. He also took issue with the defense saying that Diem landed some "pretty good" hits on his father after he broke free of the headlock.
"Strider didn't just hit my dad pretty good, he crushed his cheek bone. He crushed it," Rowley told the judge. "Strider did not have the internal strength to walk way. If Strider had walked away, my dad would be alive. ... This should have never happened. He'd be with us today if not for this."
Johnson agreed, saying the nexus of what happened that night laid at Diem's feet.
"A good man's life was cut short, and that is nothing short of a tragedy," she said.
