Child killer up for parole
If David Pendang waited two years to beat his five-month-old son to death, he’d be on Death Row.
Pendang could walk out of prison as early as Wednesday because he beat his son to death in 1996.
Pendang, 32, has been in prison since his August 1996 conviction for child endangering and involuntary manslaughter for beating his son, Jordan, to death.
He has a Wednesday parole hearing.
Hamilton County Prosecutor Joe Deters is doing what he can to make sure Pendang remains Inmate A336014 at the Chillicothe Correctional Institution.
“There are certain crimes where the offender should never leave prison. Beating a five-month-old to death is one of them,” Deters said Tuesday. “I urge the public to contact the Parole Board and voice their objections to any release.”
Pendang already received a break, Deters said, when a 1998 Ohio law change was made.
That change allowed Ohio prosecutors to press murder charges against those accused of killing a child while committing a violent felony.
Prior to that law change, prosecutors had to prove that someone charged with murder of a child intended to kill the child.
The new law changed that, allowing prosecutors to seek murder charges against those who are accused of killing a child, even if that person didn’t intend to kill the child.
As long as the death of the child occurred, after the law change, while the accused committed a violent major felony – like child endangering or felonious assault – a murder charge was allowed.
“It’s still such a serious situation to do that to a baby, it should be murder. The Legislature agreed,” Assistant Prosecutor Mark Piepmeier said.
That change in the law allowed Deters’ office to seek murder charges against Liz and David Carroll in the death of Marcus Fiesel, their 3-month-old foster child.
Fiesel died when he was left bound with a blanket and tape inside a closet of their Union Township home for days in 2006 as the Carrolls left the state to attend a family reunion.
Both Carrolls were convicted of murder.
In Pendang’s case, he was left home alone with his son in their Colerain Township home.
When the mother returned home and tried to check on her child, Pendang kicked her to try to keep her away from the boy. She noticed the child had bruising of the stomach, scratches and was breathing oddly.
Jordan Pendang died from blunt trauma to his abdomen, the coroner ruled, noting the injury was as severe as if the child had fallen several stories from a building.
Pendang was sentenced in 1996 to 8-25 years in prison.
If Pendang serves the maximum sentence, he will be released July 13, 2021.
TO REACH PAROLE BOARD:
To contact the Parole Board
If you want to give your opinion on the possible release from prison of baby-killer David Pendang, contact the Ohio Adult Parole Authority at 614-728-1938 or online at http://www.hcpros.org/parole_watch/index.html