WILLIAMSTOWN — Gina Anne Murphy told state police she was defending herself from her knife-wielding ex-husband when she retrieved her .22-caliber revolver and fatally shot him in the chest Monday night.

It was the latest in an ongoing pattern of threats from her ex-husband, she told investigators. Murphy has not been charged in Dauphin County’s ninth homicide of 2012, but some midstate criminal defense attorneys said Thursday she might have a difficult time arguing self-defense.

What it might come down to is the gap of time between the threat with the knife and when she retrieved her weapon, said Harrisburg attorney Brian W. Perry of Gover, Perry & Shore.

“If it happened simultaneously, that’s one thing,” Perry said. “If he threatened her with a knife and she was able to get out of the situation, go into another room, grab her gun and comes back and shoots him, that’s going to be hard for her self-defense claim.”

A grand jury will meet Friday to determine if charges will be filed against Murphy, said Trooper Adam Reed, a state police spokesman. The fact-finding effort will likely take several days, Reed said.

Daniel Joseph Murphy, 52, died of a single gunshot wound to the heart after he was shot about 10:45 p.m. at the Murphys’ home in the 400 block of East Market Street. When troopers arrived, they found Gina Murphy kneeling over her ex-husband’s body, according to court papers.

Despite being remarried to others, the Murphys were living together in the two-story, stone house surrounded by a white picket fence in the northernmost part of Dauphin County. Gina Murphy did not return a message left on her cellphone Thursday.

Murphy told investigators her ex-husband had repeatedly threatened her with knives and would leave threatening notes for her in the home, according to court papers.

During an interview with police, Murphy also said she “used her computer to Facebook her friends telling them of the arguments and threats from Daniel.”

Any history of violence between the couple is going to be key to the outcome of any case if charges are filed, said Carlisle attorney Jay Abom of Abom & Kutulakis.

“If she knows he’s been violent in the past, she’s allowed to consider that when she decides to use deadly force,” Abom said. “His history of violence [against her] is relevant in her estimating the necessary use of force.”

Dauphin County Court had no record of protection-from-abuse orders issued by Gina Murphy against her ex-husband, according to a court official. The county’s district attorney, Edward M. Marsico Jr., said he wasn’t aware of police being called to the home on previous occasions.

A neighbor said Tuesday there’d often be parties at the home during the week. The neighbor, Heather Wenrich, also said she noticed several vehicles parked in an alley behind the home several hours before the shooting, indicating they might have had company.

Attorneys say more investigation is needed to determine if Murphy’s actions are supported by the state’s Castle Doctrine, which was expanded last year to give people the right to use deadly force when they feel threatened outside the home.

Under the previous law, people could use firearms or other deadly force without retreating only if they were attacked in their homes, vehicles or businesses.

“You have to immediately believe you were protecting yourself against death or serious bodily injury,” Abom said.

On the night of the homicide, the Murphys had both been drinking, police said. Gina Murphy was drinking at home and at Uncle Jim’s Tavern, according to court papers.

When she returned home from the bar, the couple began arguing, and Daniel Murphy threatened her with a knife. It was at that time that she shot him, according to court papers.

Police obtained a search warrant to search the Murphy’s home for all firearms, including the .22-caliber revolver, ammunition, casings, gunshot residue, knives, knife-sharpening equipment, notes related to Gina and Daniel Murphy, DNA and other evidence.

Results from that search, which was supposed to be completed by Thursday morning, have not been disclosed.

State police said they are investigating the self-defense angle and have not determined if charges will be filed.

Nevertheless, self-defense cases are among the most difficult to prove in court, Abom said.

“Juries have to infer intent,” he said. “It requires jurors to interpret or decide what people were thinking, and that’s not an easy task.”

A day after his arrest on charges of selling marijuana, Carlisle’s elected tax collector said he uses the drug for medical reasons.

George Thomas Hicks Jr. said in an interview Wednesday that he regularly smokes marijuana to cope with a mood disorder.

Hicks said the prescription drugs he used to take caused side effects and led to physical problems.
Hicks.jpgView full sizeGeorge T. Hicks Jr.

“I opted for an alternative,” Hicks said.

As for the charges — police said Hicks blatantly sold marijuana outside his office — the 21-year-old contends he sold marijuana only as a favor to a friend. He said he is not a drug dealer and will fight the two felony drug-dealing charges lodged against him in Cumberland County Court.

Hicks said he had smoked marijuana with a woman he knows through a debt collection agency which he owns and operates. The agency is in an office in the first block of South Hanover Street, on the same floor as his tax collector office.

On Aug. 2, Hicks said the woman asked him to sell marijuana to her friend, a man he said he knew only as Chris. Hicks said he agreed. Hicks said the woman then insisted the sale take place at the collection agency office.

Four days later, the woman called again, Hicks said, to say Chris wanted to buy more pot. Again, the woman asked Hicks to carry out the sale at the debt collection agency.

“[The woman] said [Chris’] dealer is on vacation. Can you get him some more? I said, ‘Why not?’,” Hicks said on Wednesday.

According to documents filed in District Judge Jessica Brewbaker’s office, Hicks took $100 from an undercover officer in an Aug. 2 marijuana sale and $200 in a marijuana sale on Monday.

Hicks was arrested the next day and is free on $5,000 bail.

Cumberland County District Attorney Dave Freed has asked the court to keep Hicks from collecting tax payments until his case is resolved. A judge will weigh Freed’s request on Monday. Until then, under a temporary injunction granted by county Judge Christylee Peck, collecting duties are out of Hicks’ hands. Taxes must be paid at the borough office at 53 W. South St.

Hicks, who as of Wednesday did not have an attorney, said he shouldn’t be barred from carrying out his tax collector duties.

The case is similar to that of former Cumberland Coroner Todd Eckenrode, who remained in office after being charged with mishandling prescription drugs obtained through death investigations conducted by his office. Between his arrest on Jan. 4 until he resigned effective May 12, Eckenrode was barred from involvement in any death investigations that could become criminal cases, including cases that were in progress when he was arrested, as a bail condition imposed by the state attorney general’s office.

Eckenrode on Friday was sentenced to a year of probation and 120 hours of community service after pleading guilty to a charge of mishandling the prescription drugs.

Pennsylvania State Department press secretary Ron Ruman said there is no state law requiring criminally-charged elected officials to leave office.

“The only stipulation is if you’ve been convicted, then you’re listed as not qualified to hold office. There’s nothing in the law to say if you’ve been charged with something you can’t serve,” Ruman said.

Hicks said he believes the court injunction, and the press conference at which charges against him were announced, were heavy-handed.

Freed disagrees.

“I think it was absolutely the right thing to do. I would like to hold elected officials to a higher standard,” Freed said.

Especially, Freed said, since the alleged sales by Hicks took place down the hall from the tax collector office.

Hicks said the pot he sold amounted to less than 1 ounce in total. He said he sold the pot as a favor and didn’t charge more than he paid for the drug.

Jay Abom, a Carlisle criminal defense lawyer who is not connected to the case, said the quantity of drugs sold is not relevant in the felony charges lodged against Hicks. And, if Hicks sold the pot as a favor at no profit — even if he gave pot to the undercover officer — Abom said drug delivery charges would still apply.

“A dealer doesn’t need to make a profit to be a drug dealer,” Abom said.

Abom said the maximum prison sentence for each drug delivery is five years; however, mandatory minimum sentencing wouldn’t kick in unless Hicks sold at least 2 pounds of marijuana.

Hicks, a Philadelphia native, turned 21 on April 3. He said he’s fluent in Italian and came to Carlisle to attend Dickinson College and major in the language.

He said he decided last year to take time off from his studies and said he had worked for a debt collection agency before launching his own firm in June.

Since his arrest, Hicks said he’s received many messages from supporters.

“I love Carlisle,” he said. “I was building a business at the same time as being a tax collector.”

ELIZABETH GIBSON, The Patriot-News

The defense is set to take their turn at the child sexual abuse trial of Jerry Sandusky, but at least one question remains: will Sandusky himself testify?

A wooden chair enclosed in a small box at the Centre County courthouse may hold the weight of the entire trial.

So far, the only time the public has heard Sandusky speak was during an interview with Bob Costas on NBC’s Rock Center. When Costas asked Sandusky if he is completely innocent and falsely accused in every aspect, Sandusky responded, “Well, I could say that I have done some of those things.”

It was an interview with straightforward questions. In turn, Sandusky gave answers with long pauses, which many described as awkward.

Sandusky gave a one-on-one interview with the Washington Post. Then, on a chilly morning outside the Centre County courthouse after a pre-trial hearing, the former Penn State defensive coordinator gave a football analogy:

“We’re going to stay the course and fight for four quarters,” he said.

During opening statements last week, defense attorney Joe Amendola told jurors they would hear Sandusky in his own words. One could assume that meant he would testify when given the opportunity.

Carlisle defense attorney Jay Abom told abc27 News that Sandusky’s testimony is the only defense strategy, especially after the jury heard four days of emotional testimony from accusers.

“In my opinion, his only chance of winning will be for him to personally convince the jury he did not do it,” Abom said.

Dauphin County Assistant District Attorney Fran Chardo calls it a risky move. He said having a defendant vulnerable on the stand is a prosecutor’s dream.

“That’s something every prosecutor wants, to actually confront the defendant,” Chardo said. “I’m sure in this case, Joe McGettigan is looking forward to the cross-examination.”

Abom agreed that is a possibility, but in a “he said, she said” case, he said hearing from the accused and supporters is the best defense strategy.

“I would expect the defense to put forth evidence of Jerry Sandusky’s good deeds, good character, people who know him in the community to say nice things about him,” Abom said, “and then add his own testimony with that and it may be enough to create doubt so that the jury could find him not guilty.”

Abom said it is customary for defense teams to file motions for acquittal on some or all of the charges. He expects Amendola will do so next week.

By Dave Marcheskie – ABC27