Kenneth Athey: 'Even after four years it's still difficult to imagine the reason for the accused stabbing me ... and torching my body'
ELIZABETH — Kenneth Athey sat in court Friday, looking over the handwritten statement he’d waited four years to deliver. Small in frame and spotted with age, the 87-year-old Plainfield man slowly approached the judge. He glanced at the young man he says nearly killed him and in a strong, steady voice, recounted the worst day of his life.
"The fact is I’m very fortunate to be standing here right now," Athey told Superior Court Judge William Daniel in Elizabeth, reading from his statement. "Even after four years it’s still difficult to imagine the reason for the accused stabbing me ... and torching my body."
It was around 3 p.m. that August afternoon in 2008 when Athey, a retired civil engineer, regained consciousness and realized what was happening. He was naked and tied to a chair inside his West Eighth Street home. He had been beaten with a hammer, stabbed, doused with chemicals and burned.
"I woke up thinking ‘I’m having a bad dream’ and then I heard them yelling, ‘Where’s the money?’" he said in an interview afterward. "I thought I should have pretended I was having a heart attack. That would have been a smart thing to do."
Upstairs, one of three assailants was flipping over mattresses and pawing through drawers in search of a non-existent treasure trove — the suspects eventually got away with $300 and a few credit cards. Standing guard over Athey, a woman waited impatiently.
"Ron, Hurry up!" she yelled, Athey recalled.
"I knew if I ever survived, I had to remember that name," Athey said shortly before Ronald "Ron" Cherry was sentenced to 18 years in prison. "But I thought, I’ll be damn lucky if I survive this."
Athey, a jovial man with bright blue eyes and a melodic Irish accent, showed little sign of the cruelty he experienced as he addressed the court.
"I consider the attack an isolated incident by a disturbed individual and his followers," he said, adding with a side-glance toward Cherry, "I did not lose a single night’s sleep over it."
Cherry, 26, of Plainfield, who authorities say was the ringleader, pleaded guilty in March 2011 to first-degree robbery. As part of a last-minute deal, prosecutors dropped a number of other charges, including attempted murder, kidnapping and aggravated assault, in return for Cherry’s guilty plea.
Cherry’s two accomplices, Shevon Ricks, 27, of Camden, and Robert Harris, 19, of Plainfield, have also pleaded guilty to the robbery and will be sentenced to 13 years and 10 years, respectively, next week.
In court Friday, Cherry offered no apology to Athey, instead maintaining his innocence despite his guilty plea.
"It’s saddening that we sit here today and I will be sentenced to 18 years and the people who did this crime are still out there," he said.
Assistant Union County Prosecutor Patricia Cronin asked the judge to sentence Cherry to 18 years in accordance with the plea given the "cruelty, infliction of pain, excessive use of force and brutality demonstrated."
Daniel called the incident "heinous" and noted Cherry’s criminal record, which includes 11 juvenile adjudications and two adult convictions for receiving stolen property and drug possession. Cherry must serve 85 percent of his sentence, making him eligible for parole in 15 years.
Athey, originally from Kells, Ireland, still lives in the Plainfield home he shared with his wife, Irene, who died in 1998.
On the day of the attack — Aug. 25, 2008 — Athey had just finished exercising and was about to take a shower when the three suspects broke down his locked front door. The three assailants chased him through the house and into a second-floor bedroom before they captured him, brought him downstairs, tied him up, and unleashed a sequence of torture.
"There was a moment when I realized, ‘My god, they’re beginning to enjoy this," he told the court.
Once the trio fled, Athey untied himself and called police. His detailed descriptions helped police arrest the three a few weeks later.
After Friday’s hearing, Athey said his anger has subsided considerably since the attack.
"I think I was just so glad to be alive after that," he told reporters.
He also said that a year after the attack, he wrote an essay to his attackers. He shared it with reporters Friday.
"I will not forget you ... A constant ringing in my right ear reminds me of you," he wrote. "You left me unconscious, bleeding profusely from two egg-sized swellings on my head, not caring whether I was alive or dead. I survived thanks to hard bones and regular exercise. No thanks to you."
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