Agan sentenced to 187 years for murder and incest

HUDSON—“You are getting what you deserve,” Judge Richard Koweek told David T. Agan, Jr., at his sentencing in Columbia County Court the morning of February 15.

Mr. Agan, 44, will spend 187½ years to life in state prison for the brutal murder of his estranged wife, Christina M. Agan, and repeated rape, incest and other sex crimes committed against his daughter.

Ms. Agan, was 37 years old when Mr. Agan viciously attacked her with a flathead screwdriver, stabbing her at least 35 times in the vestibule of the Valatie Medical Arts Building, 1301 River Street in the village, December 10, 2015 shortly before 2 p.m. She bled to death.

Defense Attorney Dennis Schlenker (standing, l) speaks during the sentencing of his client, convicted murderer David Agan (in stripes). Public Defender Ian Crimmins, who defended Mr. Agan on the sex charges, is at right. Photo by Lance Wheeler

He was convicted by jury on all charges in a 136-count indictment, January 26 following a three-week trial.

In addition to first degree murder, a class A-1 felony, he was found guilty of 15 counts of third degree rape, 92 counts of third degree incest and 28 counts of third degree criminal sex act, all class E felonies. The guilty verdict on the murder-one charge means the jury determined Mr. Agan intentionally killed his wife because she witnessed a crime he committed and his motive was to prevent her from testifying against him. The prior crime was the sexual contact he had with his teenage daughter.

Judge Koweek sentenced Mr. Agan to 25 years to life, an indeterminate term, on the murder charge; 2 to 4 years determinate, with 10 year’s post-release supervision on each rape charge; 1 1/3 to 4 years indeterminate term on each incest charge; and 4 years plus 10 year’s post-release supervision on each criminal sex act charge. Some of the sentences were consecutive, others concurrent.

The total sentence amounts to 187½ years to life, according to the District Attorney’s Office.

Judge Koweek also sentenced Mr. Agan to pay a $1,425 surcharge and DNA fee and told him “If you ever see the light of day again, you have to register as a sex offender.” The judge also issued court orders of protection for the families of both Mr. and Ms. Agan.

Victims of Mr. Agan’s crimes, Ms. Agan’s mother, JoEllen Rooney, and Mr. Agan’s daughter gave emotion-filled statements prior to sentencing.

Mrs. Rooney stood at the courtroom podium with sheriff’s deputies on either side of her. She recounted that she and her husband were on their way from Florida to New York December 10, 2015 to celebrate the upcoming birthdays of several family members.

Her daughter, “Chrissy” would have turned 38 on December 12.

During the trip north, Mrs. Rooney said she was contacted by her daughter, Tracey Boehm, “with the tragic news that Chrissy had been stabbed by David and she didn’t make it… “The rest of the ride to New York was filled with memories and thoughts of Chrissy growing up and knowing that I would never see her again.”

Mrs. Rooney noted that the death of her daughter was devastating to her and her other adult children, and she could not imagine how Chrissy’s four young sons, one 14-year-old and three 8-year-olds, “could possibly feel losing their mother at an early time in their life.”

She said she had to tell her grandsons “that Mommy had died and Daddy is in jail for stabbing her.” She told them they “would be living with Poppy and Grammy and that they would be safe.” She said the eldest boy had to be hospitalized for 14 weeks because “he had a lot of trouble with losing his mom.”

His problems did not start there, she said, “He was physically, mentally and verbally abused by his father, David, starting very early in his life. Many times the police were called because David was abusing [his son].”

She said all the boys had been subjected to David Agan’s abuse and have all undergone therapy since their mother’s death.

Mrs. Rooney asked the judge “not allow David to have any contact whatsoever with the four boys ever again. I feel he has done enough damage. Let the boys heal and grow into the men their mother would be proud of and put the past behind them forever. I can provide them with a home and safety but I can never replace their mother’s love.”

Mr. Agan’s teenage daughter told the packed courtroom she moved to New York when she was 17 “in search of a safe place to start over.”

But instead of being safe from harm, what she encountered was “worse than what I was escaping.”

She said she went to school and had a “secret boyfriend” which “pissed off” her father, who drank vodka, yelled, poked, pushed, pulled her hair and hit her in the face.

She said she lived in fear and was “too scared to tell anyone” about the physical and sexual abuse.

She said the worse thing her father did was take away her stepmother and her little brothers. “He took away my family,” she said.

Now that she finally feels safe and “we all have justice,” she said she can concentrate on finding her voice, and the inner strength to speak up.

Prior to the sentencing, Mr. Agan’s attorney on the murder charge, Dennis Schlenker, told the court that he disputes the findings of the pre-sentencing report which found that Mr. Agan lacks remorse for his crimes. The attorney cited Mr. Agan’s numerous psychiatric conditions and said they are the reason his client has difficulty saying he’s sorry.

When Mr. Schlenker said Mr. Agan “is not a monster,” some in the courtroom laughed out loud.

Mr. Agan told the court he is the one who has “suffered the most from the loss of my wife,” with the exception of his oldest son. He said he has thought about his wife every day of the 798 days since her death. “I love her, her death will always haunt me, I did not mean to go crazy that day.”

Mr. Agan said throughout the trial, “I bit my tongue and trusted his attorney.” He contended that he did not receive a fair trial and that his daughter was lying about him.

Before pronouncing sentence, Judge Koweek told Mr. Agan that he had watched the actions of the attorneys through every aspect of this case and had not seen any evidence that they were not competent and effective in defending him.

The judge told Mr. Agan, “You have not displayed anything other than evil intent. You claim to love your wife, but you murdered her and did so with forethought and intention. You hid your car, you knew where she would be and you went there with a screwdriver and bludgeoned her at least 35 times for no reason other than you intended to harm her. You took her life away from her friends, her children and her family. You are not the victim. You are getting what you deserve.”

Friends and family, some wearing white t-shirts with drawings of purple ribbons and in black letters the words, “Justice for Chrissy” on the front and “In loving memory of Chrissy” on the back, were present in the courtroom as Judge Koweek read the long list of 136 charges and the sentence for each one.

We can never get our sister back, but knowing he will never see the light of day again or do us further harm is satisfactory,” Tracey Boehm told The Columbia Paper before leaving the courtroom. Ms. Boehm is one of Ms. Agan’s three siblings.

To contact Diane Valden email

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