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Dietzen In Court To Face Charge Of Murder

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Tracy K. Dietzen was formally charged Thursday afternoon with the murder of his father.

Dietzen, 35, of Syracuse, had a preliminary hearing in Kosciusko County Circuit Court at 1:15 p.m. Thursday.

Judge Rex Reed entered the state mandatory plea of not guilty to the charge of murder. Dietzen has 20 days to change the plea before it becomes formal.

Dietzen is accused of shooting his 75-year-old father, James A. Dietzen, at their home Saturday morning, then burying the body in a crawl space under the house. Tracy reported his father missing on Tuesday, then allegedly admitted to murdering James when police began to question him. Dietzen reportedly told police he and his father argued because James wanted Tracy to join him on his trip to Florida and Tracy did not want to go.

Dietzen requested a court-appointed defender for his case.

"One problem is, besides my father's attorney, I really don't know anyone to be my council at this time," Dietzen told the judge.

Dietzen told the court he was not employed since he had only worked temporary day-labor positions in the past. The only finances he said he has is a savings account.

Judge Reed said he did not know which public defender would be chosen, but he said the decision would be made quickly.

Kosciusko County Prosecutor David Kolbe read the formal charge of murder as Dietzen calmly looked over his copy of the page. While the judge told Dietzen the punishment for being found guilty of murder was 45-65 years in prison, Dietzen looked from the paper to meet the judge's eyes.

Reed announced that Dietzen would remain in Kosciusko County Jail without bond. Dietzen's next court appearance is set for Feb. 20.

Kolbe said they will not seek the death penalty in this case if Dietzen is found guilty, but he will ask for a sentence that would keep Dietzen in prison the rest of his life.

"This is a shock to the community," Kolbe said. "As a rule, we don't see this kind of thing. It is a troubling case."

He complimented police on their good work to find the body that otherwise might not have been found for a long time. He added that he expects an insanity plea from the defense.