Springfield man 'didn't deserve' life sentence, says wife who was nearly killed

A Springfield woman said she understood why her husband repeatedly struck her in the head with a claw hammer in September 2015, and she hoped the judge who sentenced her husband Friday would understand, too.

The judge sentenced Robert Hess, 61, to life in prison for an early morning attack on his wife that nearly killed her.

"He didn't deserve no life sentence," said Virginia Hess, his wife of 32 years. "He's never been violent ever."

Virginia Hess, 61, said she spent nine weeks in the hospital following the attack.

During the Friday hearing, Virginia Hess told the bailiff she wanted to speak at the sentencing. She was upset she wasn't allowed to. She was also upset with the prosecutor.

"He never listened to a word I said," Virginia Hess said.

Todd Myers, the chief assistant Greene County prosecutor, said he has spoken with Virginia Hess over the course of the past year.

"In cases of domestic abuse, there are always societal issues that have to be considered in addition to anything the victim may indicate," Myers told the News-Leader. "Her position has changed over time. The state has not changed its position, and we are pleased with the outcome."

Robert Hess pleaded guilty to domestic assault and armed criminal action earlier this year.

According to the probable cause statement used to charge him with those crimes, Robert Hess was the one who called police the morning of Sept. 27, 2015, to report that he had “killed” a woman.

When police arrived at the residence just after 5:30 a.m. that day, the claw end of a hammer was embedded in the woman’s head, the statement said.

According to the statement, responding officers could not find a pulse on the woman’s wrist.

Robert Hess told police that his wife came to bed at about 4:30 a.m. that day and they had a short discussion. A little while later, Hess told police he went out to his semi-truck, retrieved a hammer, came back inside and hit her in the head “four times” with the claw end of the hammer, according to the statement.

At the sentencing Friday, Myers, the prosecuting attorney, said he cannot say why Robert Hess — a man with no recent criminal activity and a history of steady employment — attacked his wife, but it doesn't change the fact that he did.

"I think it's amazing we're here on an assault case, not a homicide," Myers said.

Robert Hess's public defender, Mike Stanfield, argued that the reason behind the attack does matter.

Yes, Robert Hess is responsible for attacking his wife, Stanfield said, but her actions — partying, using meth, spending their money — put stress on him.

At the time of the attack, Robert Hess had left his trucking job of 15 years to try and get a better job, Stanfield said, but that fell through, leaving them with no health insurance.

Stanfield said at one point, Robert Hess was going to leave his wife, but she lied and told him she had cancer — so he decided to stay.

There was no indication Robert Hess has ever raised a hand against any other person, Stanfield said.

Stanfield said a life sentence would keep Robert Hess in prison at least until age 72, at which point he would be eligible for parole.

There is a 90 percent chance Robert Hess would die before then, Stanfield said.

Robert Hess walked into the courtroom using a cane, which Stanfield said was due to his diabetes. Stanfield added that his client also had a triple bypass about a decade ago.

"(Robert Hess is) is not an evil person," Stanfield said. "He's not the kind of person that needs to die in the Department of Corrections."

Judge Thomas Mountjoy was not swayed by Stanfield's arguments, and the judge discussed his ruling while looking at the pictures of Virginia Hess's head injuries.

"You had all kinds of options," Mountjoy told Robert Hess.

Robert Hess could have left the situation, Mountjoy said, but he decided to attack his wife.

Mountjoy also said it is the facts of the crime that should be considered during a sentencing — not an individual's health and age. He pointed out the Department of Corrections has "excellent" medical care.

When Mountjoy announced the life sentence, Robert Hess broke down in tears.

As for Virginia Hess, she said she's not sure what she going to do now. The only money she has is from Social Security, and that's not enough to even pay for utilities, let alone rent, she said.

Virginia Hess said she was hoping to walk out of the courthouse with her husband Friday, but now she said she has nothing.

"Judge was wrong," she said.