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January 27, 2012

Oliver homicide verdict: Not guilty

MEADVILLE — A Conneautville-area woman won’t go to jail for the shotgun slaying of her husband at their home more than 15 months ago.

The not-guilty verdict in the criminal homicide trial of Patricia Oliver, 54, in Crawford County Court of Common Pleas brought gasps from supporters on both sides in attendance for the verdict announcement Friday morning. Oliver, who had been jailed for more than a year on a non-bondable charge of criminal homicide since her arrest Oct. 5, 2010, was set free Friday.

Self-defense is the way jurors saw it, according to Robert Johnson Jr., the jury foreman, who spoke with a Tribune reporter Friday afternoon.

“A person is innocent until proven guilty,” Johnson said in a telephone interview. “The prosecution never proved anything.”

The not-guilty verdict was announced in Courtroom No. 2 just before 11:30 a.m. Friday after about six and one-half total hours of deliberation by the seven-woman, five-man jury. Jury deliberations began Thursday afternoon following two and one-half days of testimony at trial.

Under the general charge of criminal homicide, the jury was to decide if Mrs. Oliver was guilty of either first-degree murder, third-degree murder or voluntary manslaughter. The jury found Mrs. Oliver not guilty of any of those degrees of criminal homicide.

Mrs. Oliver stood accused by Pennsylvania State Police and the Crawford County District Attorney’s Office of criminal homicide in the fatal shooting of her husband, Anthony Oliver, 63, at their Hayfield Township home. He was shot once in the chest with a single-barrel 12-gauge shotgun just before 10 a.m. Oct. 5, 2010, following a domestic argument about bills.

Mrs. Oliver’s defense team argued the shooting was in self-defense. The defense argued Mrs. Oliver told both the Crawford County 911 Center dispatcher following the shooting and police investigators who interviewed her, that she was frightened as Mr. Oliver became enraged, calling her expletives and coming at her.

The defense also presented evidence at trial of a 2004 conviction against Mr. Oliver in Niagara County, N.Y., Court, for sexual contact by forcible compulsion. Mr. Oliver was sentenced in August 2004 to 10 years probation for a sexual crime with a 38-year-old woman.

Mr. Oliver pleaded guilty to that charge in June 2004 in Niagara County Court. The New York state charge was either for the use of physical force; that a threat of physical force was either said or implied; or the victim was in fear of kidnapping.

Johnson said the jury agreed with Mrs. Oliver’s claim of self-defense for justifying the shooting, based on the evidence presented by both sides.

“We knew it was either anger or total fear by the way she held the gun,” Johnson said. “We felt it was fear. We felt the prosecution — all it did — was say she was angry, and never proved that.”

Testifying in her own defense earlier this week, Mrs. Oliver said she pointed and waved the shotgun back and forth at her husband, telling him to go away, after he had come into the couple’s bedroom furious and shouting expletives.

Mrs. Oliver testified she was afraid of her husband and that he had shouted “he was going to teach me a lesson.”

Evidence presented at trial found the incident was sparked by a domestic argument about bills as Mr. Oliver had been working on them in the kitchen that morning.

In a videotaped interview between police and Mrs. Oliver following her arrest that was played at trial, investigators told Mrs. Oliver they had found a shut-off notice from the couple’s electric utility among the bills and there were a couple of past-due credit card bills under the couple’s mattress.

Mrs. Oliver had testified she was taking a nap following breakfast on Oct. 5, 2010, and was awaked by her husband, yelling from the kitchen. Mrs. Oliver testified she sat on the bed, looked toward the kitchen, saw her husband get up from his chair and heard a chair bang into a kitchen cupboard. She then saw Mr. Oliver come toward the bedroom, cursing her loudly, she testified.

Mrs. Oliver stated she rolled off the bed, landing so the bed was between her and the doorway in an attempt to hide from her husband. She testified Mr. Oliver came through the bedroom doorway, cursing and telling her to stand up.

Mrs. Oliver testified she then stood, holding a 12-gauge shotgun that Mr. Oliver kept under the couple’s bed.

“I was scared he was going to kill me,” Mrs. Oliver testified as to why she reached for the gun. “I thought he was going to beat the crap out of me or beat me senseless.”

Mrs. Oliver testified that as she waved the barrel of the shotgun at her husband, she told him to go away, and then the shotgun went off.

“We did not take it lightly — we pulled it apart,” Johnson said of Mrs. Oliver’s testimony at trial.

The prosecution also had no one to counter Mrs. Oliver’s version of events, Johnson said.

“We took her word for it,” Johnson said.

“She was consistent throughout the whole process,” Johnson said of Mrs. Oliver’s actions, whether it was her telling what happened to the 911 center dispatcher, state police investigators or her testimony on the stand.



Tearful reaction

Mrs. Oliver, dressed in court in a pink blouse, white cardigan sweater and black pants, wept when she realized the jury was setting her free. Then, through tears, Oliver hugged and thanked her attorneys Jeff Misko, an assistant public defender for Crawford County, and Robert Trambley, the county public defender.

Following the verdict, Misko said Mrs. Oliver was declining to speak with reporters.

Family members from both sides of the Oliver family also declined to speak with reporters following the verdict.

Misko said while he was pleased with the verdict, it was a difficult circumstance.

“I’m happy for Patty, but in the same token, it’s a tragedy,” said Misko. “There’s a death here. There are no winners.”

“You listen to the 911 call, listen to her interview with investigators — she said he was coming at her,” Misko said. “She said the same thing in court. It didn’t change.”

Misko said Mrs. Oliver was expected to live with relatives following her release.

“She lost her home, she lost everything she had,” Misko said.

The Oliver home on South Norrisville Road went into mortgage foreclosure for non-payment following Mr. Oliver’s death and Mrs. Oliver’s arrest. The home was sold in foreclosure back to Marquette Savings Bank on July 1, 2011, according to courthouse records.

Assistant District Attorney Doug Ferguson, who prosecuted the case, declined comment following Friday’s verdict.

Crawford County District Attorney Francis Schultz said he was extremely disappointed by the jury’s verdict.

“Our office, Doug Ferguson especially, put a lot of time into the case,” Schultz said. “Pennsylvania State Police, likewise, they did a thorough investigation. Unfortunately it wasn’t enough in the eyes of the jury.”

Schultz said he feels for Mr. Oliver’s family members.

“It’s bad enough he was shot and killed, but the person who we and the family believe as responsible, won’t be punished.”



Keith Gushard can be reached at 724-6370 or by email at kgushard@meadvilletribune.com.

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