Judge sentences Denny to 55 years

Eric Cavanaugh

A local man who pleaded guilty but mentally ill in the stabbing death of his roommate was sentenced to 55 years in prison, with five years suspended.

Daniel Joel Denny, 20, had initially planned an insanity defense in the case, but two psychiatrists who examined him determined he was sane when the murder was committed, according to court testimony.

Denny, 20, admitted multiple times that he committed the June 1, 2021 stabbing death of his longtime friend and roommate, Eric Cavanaugh, at an apartment they shared at Quail Run. Cavanaugh was just days away from celebrating his 20th birthday when he was killed, according to his family.

On Thursday, Bartholomew Circuit Court Judge Kelly Benjamin ordered Denny to serve a 55-year prison sentence, but suspended five years, and said she’ll let state officials evaluate and determine whether Denny receives treatment in prison or at a state psychiatric institution.

During the sentencing hearing, the judge acknowledged that Denny suffers from several diseases that include paranoid schizophrenia and bipolar disorder, as well as auditory and visual hallucinations.

But evidence indicates he had most of those problems under control with medications and therapy, Benjamin said.

“His inability to understand what he was doing (when he committed the murder) is in question,” the judge said.

Reading from a pre-sentence report, Benjamin said Denny was hearing loud voices in his head for over an hour that kept repeating “kill them, kill them” the night of the murder. However, the judge found it interesting that the hallucinatory voices didn’t tell Denny who he should kill.

“He was able to ignore the voices for over an hour,” the judge said. “He could have taken himself to the hospital.”

But instead, Denny grabbed a steak knife from the kitchen, walked into Cavanaugh’s bedroom where he was sleeping, and began stabbing the victim, the judge said.

When police reports were filed, a probable cause affidavit acknowledged only two wounds — the ones that were seen being inflicted by witnesses. But it was revealed Thursday state that Cavanaugh had been stabbed more than 30 times over several areas his body, Benjamin said.

“Since he was talking (after the stabbing), we know that Eric was suffering,” the judge said. “It must have been horrendous.”

It was also revealed that Cavanaugh had received multiple treatments for a congenital heart treatment since he was an infant.

The victim’s mother, Susanne Cavanaugh, told the court her son’s heart could not take such a brutal assault as she delivered a controlled, but powerful impact statement.

She was the only one who chose to speak directly to Denny.

“You stole him from me,” she said. “You didn’t just take his life. You took his entire future. I don’t think I can ever forgive you for extinguishing the light from my life.”

Both she and the victim’s father, Tom Phillips, said they agreed Denny was sane at the time of the killing, and that they believed the murder was premeditated.

But most who made statements did not even acknowledge the defendant. Instead, they focused all of their attention on the positive characteristics Eric Cavanaugh possessed – and the bright future he will never experience.

“Almost all of his friends spoke about how Eric made them laugh and smile,” deputy prosecutor Joshua Scherschel said. “They said that is what they will miss the most.’

During the final part of the sentencing, Benjamin spent several minutes responding to individual comments made by family and friends with compassion and sympathy.

Benjamin extended that same courtesy to Denny after jail records showed he felt so much remorse about killing his long-time friend that he tried to hang himself twice while in custody. Benjamin also expressed sympathy that the defendant suffered both physical and emotional abuse during his childhood through no fault of his own.

“I don’t want you to take your own life, Mr. Denny,” Benjamin said. “This is not about revenge. This is about two young men who had been best friends since kindergarten. Sadly, neither ending is good.”