Shey Weiker

Case information

• Defendant: Shey Weiker, 32
• Residence: Fostoria
• Age references: 31 (competency/insanity-plea reports) and 32 (plea/sentencing reports)

The offence

Shey Weiker set a fire at a Poplar Street residence in Fostoria, Ohio, using a flare. The fire occurred at the residence on South Poplar Street, identified as 614 S. Poplar St.

The fire killed two people and injured another.

• Deceased: Daniel J. Marker, 48, and Tara Vance, 44
• Injured/survived: Dana Weatherall, 49

All three victims were hearing impaired, and one victim was partially blind.

Weiker previously told law enforcement she set the fire because Marker allegedly committed a sex offence against a child.

Investigation

Police executed a search warrant at 151 Taft Blvd. in connection with the investigation and took all three suspects into custody while collecting various items as evidence.

The house fire was reported to Fostoria firefighters about 3 a.m. Monday.

• An initial call came in via 911 at 3:05 a.m., advising of people trapped inside the home.

During rescue efforts, one firefighter suffered minor injuries when he fell through collapsing stairs and was able to return to duty.

The deceased were transported by the Seneca County coroner to the Lucas County Coroner’s Office, and autopsies were scheduled for Tuesday.

Law enforcement said police were still investigating a possible motive for the homicides and planned to determine the relationship between the victims and the alleged offenders.

Arrest / custody

Weiker, along with Charles Schaeffer and Timothy Hall, was taken into custody the afternoon of the fire.

Charles V. Schaeffer, 44, of Fostoria, was accused of instructing Weiker how to activate and use the flare. Timothy D. Hall, 20, of Fostoria, was accused of disposing of the flare’s strike cap by throwing it into a sewer after the fire was set.

Charges and court proceedings

Weiker faced the following charges in Seneca County Common Pleas Court:

• aggravated arson (first-degree felony)
• aggravated murder (special felony)
• murder (also described as special felony; one report describes murder as a first-degree felony)
• attempted murder (first-degree felony)

Weiker initially pleaded not guilty after being indicted in June.

Weiker entered a plea of not guilty by reason of insanity. A judge ordered a competency evaluation after she entered that plea in June.

Competency status:

• Shey Weiker was declared competent to stand trial on August 20, 2014 after a competency evaluation in Toledo.
• A trial date of Oct. 14 was announced after the competency ruling.

Arraignment:

• Weiker appeared for arraignment in Tiffin-Fostoria Municipal Court before Judge Mark Repp.
• Bond was set at $2 million with 10 percent allowed.
• A preliminary hearing was scheduled for 3 p.m. June 3.

Prior record details included:

• Weiker had several prior traffic and criminal violations dating back to 2001, including receiving stolen property in April 2012 and a fictitious registration violation in March 2001. Court records listed multiple prior violations, described as “more than 50” for Schaeffer, while Weiker’s violations were described as several.
• The narrative also referenced that Marker had prior criminal violations and was charged with unlawful sexual conduct with a minor, ordered to register as a sexual offender. The database described the victim as a juvenile male.

Trial / plea

Before sentencing, Weiker pleaded guilty to charges stemming from the fatal arson.

Plea:

• Weiker pleaded guilty in Seneca County Common Pleas Court to aggravated arson, aggravated murder, murder, and attempted murder.

Criminal justice outcome at sentencing:

• Judge Michael Kelbley sentenced Weiker to life in prison with parole eligibility after 25 years.

In one account of sentencing terms:

• Judge Kelbley sentenced her to 10 years on the first count, life with parole possible after 25 years on the second count, an indefinite sentence of 15 years to life on count three, and 10 years in prison on count four.
• The terms were ordered to be served concurrently.

Court recommendation:

• A joint recommendation was agreed upon by the state and Weiker’s attorney, Dean Henry.
• Prosecutor Derek DeVine told the court the joint recommendation was a fair resolution even though Marker's family believed a harsher sentence was appropriate.

Sentencing

• Date of sentencing: September 15, 2014
• Judge: Michael Kelbley
• Sentence: life in prison with parole eligibility after 25 years

Restitution:

• Weiker was ordered to pay restitution totaling $54,429.45 to Marker's family and to Weatherall.
• The restitution included expenses from Marker's funeral and damage to his residence.
• Restitution for Weatherall included money to replace a TV, a laptop, a bike and a phone.

In a separate sentencing account, a total restitution amount of $51,984 was ordered.

Statements and verbatim remarks

Shey Weiker apologized during sentencing proceedings.

"I'm sorry. I am really sorry," Weiker said. "I didn't mean to kill anybody. I just wanted to make my point of him staying away from my son."

Weiker addressed Marker's family again:

"I hope you one day can accept my apology," Weiker told Marker's family.

Weiker also said:

"I love you guys,"

Prosecutor Derek DeVine made the following remarks:

"On May 26, the defendant engaged in some of the most extreme criminal behavior that someone in our society can engage in," DeVine said. "Two people lost their lives as a result of her actions."

"The defendant, for all of her bad deeds on May 26, has done the right thing today by entering pleas of guilty and not making the victims' families and the victim herself go through the trial process. For that she deserves credit," he said.

"My hope ... is that maybe the pain will be a little less tomorrow and maybe a little less in the days to come," he said. "That there can be some light at the end of the tunnel for the families that have been through so much."

In another account, DeVine said:

"On May 26 of this year, the defendant engaged in some of the most extreme criminal behavior that somebody in our society can engage in," Seneca County Prosecutor Derek DeVine said. “The nature of that offense was extreme. The harm that it caused was extreme. Two people lost their lives as a result of her actions and the actions of others on that early morning. Another life was able to be saved.”

“We believe the recommendation is a fair resolution to the case,” he said.

"The victim’s family believes in a more harsh sentence, which I completely understand. But in my judgment, I thought this resolution was fair and appropriate considering all that’s involved … Obviously, life in prison without even being eligible for parole until after 25 years is a significant sanction."

A statement quoted from the trial phase included:

Libra Martin, victim assistance director for Seneca County, read statements from Vance’s parents, including:

"We do not understand how someone could be so vile and hateful toward another person to intentionally set their house on fire," Martin said, reading from the statement. “Whether or not the arsonist had knowledge of other people in the house … the arsonist must be punished to the greatest extent.”

Nancy Marker, Marker's mother, gave remarks including:

"He didn't fit in in this world or in at that world," Nancy said of the hearing world and the deaf world. "He always asked 'Why can't I be normal?'"

"He wanted friends; more than anything in the world he wanted to be accepted by friends and people," she said.

"Danny was trying to help Tara get out of the window," Nancy said. "He wasn't going to leave her by herself so he stayed in there with her."

"Every night I lay down, I hear my son begging for help," Nancy said.

Nancy described the moment firefighters brought Danny's body out:

"It's not supposed to happen that way," she said. "You're not supposed to bury your kids."

In the later account, Nancy gave additional remarks:

"At 2:59 a.m., my phone rang," Nancy said. “I picked it up, and a panicked voice on the deaf relay service said, ‘Mom, it’s Danny — Help, now. I need help, now.’ I lived seven blocks away. I ran out, got in my car, got over there and the whole front of the house was on fire. “It's not supposed to happen that way. You’re not supposed to have to bury your kids."

Shane Marker, Danny’s brother, made remarks including:

"The six long minutes that he laid there fighting for his life. I can't get that six minutes out of my mind," he said.

Shane also said:

"… My brother laid there gasping for his last breath as he fought for his life, screaming and crying, wanting us to help him as we watched outside of an inferno," Shane said.

Angel Myers, Marker's sister, said:

"We will always relive the early morning hours of May 26, 2014," said Danny's sister, Angel Myers. "Those events of the day will never be erased from our memories."

Myers said:

"There's no explanation as to why someone would burn someone's house down," she said. "Shey Weiker's apologies fall on deaf ears. The one person who would have forgiven her is now murdered."

In another account, Angel Myers said:

"I may not have always shown Danny that I loved him, that I cared about him, and those are my regrets I am going to have to carry the rest of my life," she said.

"But … because of Shey, I'll never have the opportunity to tell Danny that I'm sorry, tell him that I love him, to hug him."

"Even though everyone in this courtroom can hear, Shey Weiker’s apologies fall on deaf ears. Because the one person that would have forgiven her for her actions, she murdered. The rest of us all hold grudges, and we find it very difficult, even as Christians, to forgive people who hurt us.”

Shane Marker also addressed family impact in the later account:

"The pain and tragedy that occurred because of this will haunt them forever," Shane said.

"I have a 12-year-old girl who sleeps 6 feet in front of my bedroom door because she's afraid one of her mom’s friends are going to come and set our house on fire."

"She won’t even sleep upstairs," he added. “… I’ve got her in counseling. She loves her mom, and she misses her mom.”

Co-defendants and pending cases

Cases were still pending against:

• Charles Schaeffer, 44, of Fostoria

  • charged with complicity to aggravated arson (first-degree felony)
  • complicity to aggravated murder (first-degree felony)
  • complicity to attempted murder (first-degree felony)
  • complicity to murder (special felony)
  • accused of telling Weiker how to activate and use the flare she threw at the South Poplar Street residence

• Timothy Hall, 20, of Fostoria

  • charged with tampering with evidence (third-degree felony)
  • obstruction of justice (two counts), also third-degree felony
  • accused of meeting up with Weiker and throwing the flare's strike cap into the sewer after the fire was set

The men had pleaded not guilty to their charges, and they were scheduled to appear in court the following week for plea hearings in one account.

Hall was scheduled to appear again in court for a plea hearing on Sept. 23 in another account.

Outcome / aftermath

• Weiker entered guilty pleas and received a life sentence with parole eligibility after 25 years.
• Weiker was ordered to pay restitution to Marker's family and to Weatherall, including funeral-related expenses and costs to replace items for Weatherall.
• Charles Schaeffer and Timothy Hall remained awaiting further proceedings on their charges connected to the arson.