NEWTON — A Hardyston man was sentenced to nine years in prison today for killing his wife by shooting her in head and then turning the gun on himself in a suicide attempt.
Both the prosecutor and the attorney representing James Yurchak, 50, described the killing as a “tragedy” with had no clear-cut motive. A distraught Yurchak, who wiped tears from his eyes several times during today's proceeding, told the court his actions were inexplicable.
“I take full responsibility. I don’t know what happened. All of a sudden, the gun went off. I apologize to everybody in court. If I could bring her back, I would,” Yurchak said just prior to sentencing.
As part of a plea deal, Yurchak pleaded guilty Sept. 30, the day his murder trial was scheduled to begin, to second-degree reckless manslaughter. Sussex County Assistant Prosecutor Seana Pappas recommended a 10-year prison term.
At that time, Yurchak said he killed Dawn Yurchak, 49, because she was suffering from chronic depression that escalated following the death of her mother the day before the killing. He also said he had been suffering for years from severe pain in his back and testicles.
More than 50 different prescription bottles were found in the couple's home following the shootings, said defense attorney Miles Feinstein.
“There really is no motive. No other woman, no rage,” and no financial considerations, Feinstein said during an hour-long presentation prior to sentencing.
Pappas explained that the state agreed to the plea deal because it was uncertain it could convict Yurchak of first-degree murder, a crime punishable by 30 years to life in prison.
The prosecutor said “conflicting expert reports” her office received on Yurchak’s injuries and the fact there was no obvious motive made a murder conviction uncertain.
Pappas said the Yurchaks’ three children, two of whom sent letters to the court asking for a five-year sentence for their father, were satisfied with the plea deal.
“It was more important for the children to hear him say he did it,” than an extremely lengthy prison sentence, said Pappas.
Yurchak admitted killing Dawn Yurchak, his wife of 31 years, by shooting her once in the head as she slept in the couple’s bed on Feb. 19, 2008. Yurchak then turned the gun, a .45-caliber Ruger handgun, on himself, shooting himself once in the head. Feinstein said his client continues to suffer health problems due to the unsuccessful suicide attempt.
While handing down the sentence, Superior Court Judge Robert Gilson, sitting in Newton, noted that Yurchak unilaterally took his wife’s life.
“Dawn was asleep, incapable of resisting. She had no ability to resist,” said Gilson, adding that Yurchak must serve seven years, seven months and 27 days, or 85 percent of the nine-year sentence, before becoming eligible for parole.
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