A University of Akron student will be released from prison after serving just under 10 months of a three-year sentence for the stabbing death of his roommate in a drunken dispute over fast food.

Summit County Common Pleas Judge Mary Margaret Rowlands granted Kendal Scheid’s request for an early release Tuesday over the objections of prosecutors and the victim’s family. Rowlands had pledged when she sentenced Scheid in December that she would let him out early if he behaved in prison, which he did.

Family members of Duncan Unternaher, Scheid’s roommate, were incensed by the judge’s decision, saying he hadn’t served nearly enough time.

“A 23-year-old son’s life is worth more than 10 months in jail,” Gregory Unternaher, Duncan’s father, said after the hearing.

Police say Scheid stabbed Unternaher on Dec. 3, 2016, after a drunken argument over Arby’s at the off-campus apartment they shared in Akron. Unternaher of Newark was transported to Summa Akron City Hospital, where he died two days later.

Scheid, 24, of Norwalk, pleaded guilty under an agreement with prosecutors Oct. 23 to a reduced charge of involuntary manslaughter, which carries up to 11 years in prison.

Prosecutors pushed for Scheid to be sentenced to eight years, while Scheid’s attorney suggested probation. Rowlands landed in the middle, sentencing Scheid to three years Dec. 5.

Scheid was required to serve at least six months in prison before requesting an early release. Don Malarcik, Scheid’s attorney, filed this request June 20.

Malarcik said Scheid “has good insight into his previous mistakes and shows genuine remorse.” He said his client attends AA meetings and is taking two online business classes and one onsite class, and participating in numerous programs. He said Scheid has family support, including his parents, who were in court Tuesday.

Gregory and Brenda Unternaher, Duncan’s parents, both spoke at the hearing against Scheid’s early release. Gregory said he thought three years wasn’t a long enough sentence, much less 10 months.

“We are functioning but we hurt daily,” the father said. “We will hurt daily for the rest of our lives. Please don’t increase our pain by letting him out.

Brenda Unternaher said this crime “needs to have justice.”

“It hurts every day to know that something this senseless took away one of my most valued treasures in life — my son Duncan,” she said, crying with her husband’s hand on her shoulder.

Assistant Prosecutor Seema Misra said Scheid in recent phone conversations with his parents from the Summit County Jail — where he was transferred from prison for his hearing — seemed to take for granted that he would be getting out and didn’t sound remorseful.

“Does he actually feel remorse?” Misra asked. “Has he gained insight? Has he matured at all? We don’t believe he has.”

Malarcik, however, said Scheid has taken responsibility and expressed remorse to the probation department, his counselor and in court. He said Scheid has been a “model prisoner,” with his only infraction being that he went through the wrong door. He said Scheid has no prior criminal convictions and hasn’t had any alcohol since the month of the stabbing.

“I believe the law dictates this is the perfect candidate for judicial release,” Malarcik said.

Rowlands agreed, saying the factors for her to balance tip in favor of Scheid’s early release. She placed him on probation for four years and ordered him released from jail Tuesday. She said she will transfer his probation to the county where he resides.

Gregory Unternaher said after the hearing that he will support whomever runs against Rowlands the next time she’s up for re-election.

“This person should not be in the legal system,” he said. “Ten months in jail is unreasonable — not even close to justice. We wanted justice for our son.”

Malarcik, however, was pleased with the judge’s decision.

“I have no doubt [Scheid] will live a life that continues to demonstrate he is worthy of this opportunity,” he said.

Stephanie Warsmith can be reached at 330-996-3705, swarsmith@thebeaconjournal.com and on Twitter: @swarsmithabj.







