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More than a year after charges were initially filed against Amber Burkhart for failing to report the death of Ronald Ulmer, President Judge Nancy Butts handed down a sentence of 12 to 24 months in county prison.
She will be eligible for the work release program, the judge said.
The sentence was part of a plea deal in which Burkhart pleaded guilty to abuse of a corpse and unlawful taking, stemming from her admittance to returning to the residence where Ulmer lay dead "on at least two occasions," using drugs and "stealing quantities of money," according to an affidavit.
Police were dispatched to the apartment on Jan. 5, 2023 for a welfare check on Ulmer, who, "had not been seen for several days and it was believed someone had taken his vehicle because it was not parked" outside, the affidavit stated.
Police had to break open the front door in order to get into the apartment, and when they did, they found Ulmer dead on the floor, according to the affidavit. He was completely covered with a blanket. Drugs and paraphernalia were near his body.
"A prescription pill bottle with Burkhart's name on it was on a table," police said in the court document.
Police were dispatched back to the apartment the next morning to investigate a possible burglary, the affidavit stated. Burkhart, who "frequently stayed" there, was in the apartment when they arrived.
She told investigators that "Ulmer died in her presence several days ago after the two used fentanyl together. She told police it was apparent (to her) that Ulmer was deceased," the affidavit stated.
While under treatment for previous offenses, Burkhart had made great strides in her battles against mental health and addiction, until the COVID pandemic "threw a monkey wrench" into that progress, defense attorney Matthew Deimer said, arguing for a lighter sentence.
Burkhart told the court she was "deeply sorry" for her actions.
Matthew Bower, representing the Ulmer family, said they wish her "no ill will whatsoever," adding that they hope the conditions imposed by the court will help her to conquer her demons.
He stressed, however, that not knowing the full details of what Burkhart knows of Ulmer’s demise has added a measure of grief to the situation, further adding that the only apology the family has received from Burkhart was "mostly about the shortcomings of the deceased," which Bower said the family is well aware.
"This case could not have been easy for the family," Assistant District Attorney Matthew Welickovitch told the court. "The struggle of having a family member with a substance abuse issue is difficult enough, but now there’s the added grief of having them pass away."
Burkhart was receiving a sentence that is not particularly long, he said, citing her past criminal history and the drawn out nature of the case, which saw Burkhart withdraw a guilty plea in August, after Judge Ryan Tira told Burkhart on separate occasions he would not accept a plea deal calling for one year's probation that would include time she had spent in prison unable to post bail.
Butts said her sentence was an attempt to give Burkhart a chance to turn her life around and reunite her with her child.
In addition to prison time, Butts also sentenced Burkhart to 25 hours of community service and directed her to write an apology letter to Ulmer’s family. She was also ordered to pay restitution.
Additionally, Butts assigned Burkhart to mental health court, citing her previous time there as a stabilizing force that instilled a measure of accountability in Burkhart.