NAMPA, Idaho — A Nampa father could spend up to 15 years in state prison after admitting he failed to report the death of his newborn son and concealed evidence.
Brian Lemke was sentenced Friday for failing to report a death and altering evidence after moving 12-day-old Benjamin’s body from the trailer where he died before calling 911, then lying to first responders.
WATCH | Brian Lemke learns his sentence after admitting he failed to report the death of his 12-day-old son
Before learning his sentence, Lemke apologized and asked Canyon County Judge Thomas Whitney for a chance to prove he is not a danger.
“I just want to say that I know my actions were wrong,” Lemke said. “There’s not a day that goes by that I don’t think about and wish that I could go back and change what I’ve done.”
Lemke’s attorney asked for probation, arguing Benjamin died in an accidental co-sleeping incident and Lemke was not responsible for his son’s death.
Benjamin's mother, Allysen Armenta, reportedly fell asleep with the baby in the bed. Brian then moved the baby before falling asleep himself. Armenta is also charged in the case and is expected to enter her plea next week.
Whitney agreed Lemke was not being sentenced for Benjamin’s death, but said Lemke’s actions afterward interfered with the investigation.
“My job, my duty is to sentence you for the crimes which you were convicted of,” Whitney said.
The judge considered alteration of evidence the more serious of Lemke’s two charges, despite it carrying a lower maximum penalty. Whitney sentenced Lemke to five years fixed for that charge.
Whitney then imposed a sentence of one year fixed and nine years indeterminate for failing to report Benjamin’s death. He ordered the sentences to run consecutively, leaving Lemke with a unified 15-year sentence consisting of six years fixed and nine years indeterminate.
Lemke must serve the six fixed years before he can be considered for parole. Whitney warned Lemke that he could remain incarcerated for the entire sentence if he does not complete the treatment and programming offered in prison.
“If you don’t do the programming and treatment they ask you to do, they will likely keep you for the whole 15 years,” Whitney said. “Take advantage of the opportunities they give you to improve yourself so that you can one day be granted parole.”
Lemke received credit for 221 days already served.
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