Man seen smoking as medics worked on wife pleads to murder
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Inset: Brian Mervin (Denver Police Dept.). Background: The area in Denver where Mervin killed his wife last year (Google Maps).

A 51-year-old Colorado man who strangled his wife to death, then took a break to smoke a cigarette and drink a soda while paramedics tried to save her life, will spend more than two decades behind bars.

Brian Mervin last week formally pleaded guilty to one count of second-degree murder in the 2024 slaying of Cheri Kommer.

Mervin had initially been charged with first-degree murder in his wife”s death before pleading guilty to the lesser charge. A state judge subsequently ordered him to serve 25 years in a state correctional facility, Denver NBC affiliate KUSA reported.

As Law&Crime previously reported, the incident occurred on Tuesday, Aug. 20, 2024, at a home in the 4000 block of North Adams Street in Denver.

According to a news release from the Denver Police Department, Mervin flagged someone down to call 911 at about 6:10 that evening, “stating he found his wife on the ground struggling to breathe.”

Police said Mervin was in the home and appeared to be “breathing heavily and sweating profusely” when they arrived, KUSA reported, citing a probable cause affidavit in his arrest.

First responders found Kommer unresponsive on a bed, the probable cause affidavit said. Medical personnel noted “significant bruising and abrasions” on her neck and other injuries consistent with strangulation, the document said.

As emergency medical personnel were administering aid to the victim in the ambulance outside their home, police reportedly noted that Mervin appeared unconcerned as he remained inside to smoke a cigarette and drink a soda.

Kommer was taken to a local hospital, where she was pronounced dead. After her body was taken to the coroner’s office, officials noted additional wounds, including scratches and bruises on her back consistent with someone being dragged through heavy brush, the affidavit said. Her clothing was covered in dirt and debris, according to the document.

Mervin’s story behind the incident was unclear. The section in the document about what he allegedly told police was heavily redacted, per KUSA. However, the affidavit reportedly noted “several inconsistencies” in the story Mervin told police when questioned about his wife’s “unexplained serious injuries.”

One witness reportedly told investigators they heard Mervin and the victim arguing, but did not see any physical confrontation between the two, the outlet reported. Two neighbors reportedly said they heard frequent arguing between a man and a woman, as well as someone possibly throwing items around inside the home.

The Denver District Attorney’s Office did not immediately respond to inquiries from Law&Crime seeking additional information about the crime.

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