City man gets lengthy sentence in strangling case

Seilhamer to serve 10.5 to 21 years for assault, intimidation

HOLLIDAYSBURG -- An Altoona man convicted in January of strangling and assaulting a former girlfriend in the entry area of a local convenience store -- and of later setting up an intimidating phone call to the girlfriend -- was sentenced Wednesday to 10.5 to 21 years' incarceration.

Judge Jackie Bernard handed down the lengthy sentence to Justin Paul Seilhamer, 39, who was convicted in January at the end of a trial where jurors saw partly obscured surveillance video of the fighting couple and prison video of Seilhamer fist-bumping a fellow inmate after the phone call.

In court Wednesday, Seilhamer expressed remorse and blamed his behavior on substance abuse. He said that because he was intoxicated, he has no memory of the Dec. 3, 2022, fight at the Sheetz store at 17th Street and Pleasant Valley Boulevard.

"This shows how your life can change in an instant when drugs and alcohol are involved," Seilhamer said as he became emotional.

Defense attorney Kristen Anastasi asked Bernard to consider sentences allowing Seilhamer to access additional drug treatment and behavioral-changing programs. She said his criminal history includes one violent crime of simple assault in 2003, and other non-violent offenses reflecting substance abuse issues.

To his credit, she said that Seilhamer successfully completed inpatient treatment at four facilities, including three local ones.

District Attorney Pete Weeks asked Bernard to consider a sentence of 11 to 22 years, based on state's sentencing guidelines, Seilhamer's criminal history showing 10 separate arrests since 2003 and his failure to change.

"(He) shows no sign that his previous sentences of treatment, supervision and incarceration have reformed him," Weeks said.

Seilhamer, with support from family members and a friend, asked for leniency and a sentence allowing him to remain a part of their lives.

"I have the tools available to lead a good life," the defendant said.

In handing down the sentence, Bernard pointed out to Seilhamer that he had that same support when he pursued addiction treatment at three local facilities. But that wasn't enough, the judge pointed out, to prevent him from initiating a public fight with his ex-girlfriend and later setting up a phone call from the prison to intimidate her, something he knew was prohibited.

"You had to figure out how to get around the rules," Bernard said.

Anastasi also tried to counter Weeks' request for a lengthy sentence by telling Bernard that before the jury trial, Weeks proposed resolving Seilhamer's charges with a sentence of five to 10 years' incarceration.

Anastasi described that plea offer as disproportionate to how other strangulation cases have been resolved.

In a sentencing memorandum and in court on Wednesday, Anastasi argued that Weeks' request for more than double the sentence that he offered prior to trial "is tantamount to punishing Mr. Seilhamer for invoking a constitutional right."

Weeks disagreed and said pre-trial offers are a reflection of various factors in a criminal case and represent a compromise between the parties.

"(Plea offers) are not based on what's fair or what a prosecutor thinks is deserved," Weeks said. "We do plea offers because convictions aren't certain."

Bernard told Anastasi that she's unaware of details associated with other strangulation cases. But she added that there are many reasons for plea offers, including the desire to spare the victim from the trauma of a jury trial and testifying.

In court Tuesday, the ex-girlfriend said she still struggles emotionally.

Even though Seilhamer apologized to her in court, she said later that she didn't accept his apology.

Bernard also reminded the attorneys that the failure to reach a resolution prior to trial put the decision before her. She imposed four consecutive sentences: five-to-10 years for strangulation, 2½-to-five years for victim/witness intimidation, 2½-to-five years for conspiracy to intimidate a victim/witness and six-to-12 months for possession of heroin/fentanyl.

After the judge finished, Seilhamer spoke of appealing and Anastasi said she will be reviewing the entire case for appeal options.

Weeks described the sentence as appropriate.

Mirror Staff Writer Kay Stephens is at 814-946-7456.