A 56-year-old Lakeview man who entered a no-contest plea last year to charges of rape, aggravated robbery and several counts of battery, appeared Thursday in Baxter County Circuit Court where he said he was not competent to make the plea due to having undiagnosed diabetes at the time.

David Gengler had written a letter to the court system asking for more time to file the paperwork necessary to take back his no-contest plea and change it to a not guilty plea. Gengler said in court Thursday he is innocent of the crimes and has maintained his innocence since his arrest.

Gengler said he had little time (five hours) before he knew he was going to appear in court and make a plea. Once he made the plea, Gengler wrote he was unhappy with the results and says he told his attorney of his displeasure.

He said in court Thursday that when he was told by his attorney to enter a plea of no contest last year, he thought it was a "fancy way" of pleading not guilty.

However, Circuit Court Judge Gordon Webb is known for going over the terms of plea agreements in exacting detail, telling defendants all the rights they give up when they enter no-contest or guilty pleas. Webb did so in Gengler's case as well.

The judge informed Gengler he was being sentenced to 33 years in prison. Prior to entering his no-contest plea, Gengler signed documents stating he understood what sentence he was to receive and what rights he was giving up as a result of the plea.

In cases like Gengler's, the court sometimes grants a subject some leeway as the defendants are often poor and have only a limited understanding of court proceedings. That leeway, if granted, only extends to agreeing to review the request.

Once a court agrees to hear such a request, the request must then stand on its own merit. Few requests to withdraw a plea are granted in the 14th Judicial District where Gengler entered his plea.

Webb informed Gengler he would be given leeway and that he would hear Gengler's petition. Webb also informed Gengler that the court would appoint an attorney to represent him and help with the petition.

The crimes

On May 24, 2016, a 911 call came from the victim, who asked for help at approximately 9:55 p.m. Authorities have not released the woman’s name, though they said she lived with Gengler.

Responding deputies found the female victim on the floor near the front door of the Greenwood Avenue home she shared with Gengler. The woman had marks on her wrists as if she had been bound. Deputies found a large amount of tape in a bathroom of the home.

The woman was “covered” with injuries, including some authorities say were cigarette burns. Deputies also discovered walls in the home splattered with blood, according to an affidavit filed in the case. The woman suffered a brain bleed, a fractured and blown-out left eye socket and her hyoid bone was fractured in three different places, medical personnel told investigators.

The broken neck bone and petechia (small spots of blood indicating internal bleeding) in the victim’s eyes are injuries consistent with strangulation, investigators were told by medical personnel who examined and cared for the victim.

As they investigated further, deputies reportedly found evidence the woman had been tied up, confined, and further evidence suggesting the injuries she received were intentionally inflicted, according to court documents.

During the execution of the search warrant, investigators found blood in three different rooms, splattered in a pattern suggesting the victim was struck with some type of object. Investigators also found a small part of the victim’s right ear.

The victim told authorities she had originally hired Gengler as a handyman and that he later moved into her Lakeview home. The woman told authorities the torture she suffered occurred over the course of two or three days.

In the second informational filing on the case, authorities said hospital records indicate the victim suffered severe sexual abuse during the course of the crimes. Additionally, the victim told investigators she had money placed in various locations throughout her home. Investigators noted some of the money was missing and that Gengler had a large sum of cash in his wallet when he was arrested.

Following his arrest, Gengler was advised of his rights and waived them for a brief period of time, speaking to investigators. He reportedly told them the alleged victim had mental issues and was prone to falling. Gengler said he never struck her over course of the days in question and then asked for an attorney.

Gengler faced three Class Y felonies, kidnapping, rape and aggravated robbery, and five class B felonies of first-degree battery. The Class Y felonies carry a punishment range of 10-40 years or life in prison. The Class B felonies carry a punishment range of 5-20 years in prison.

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