Somerset, PA: Prosecution withdraws charges in wife’s death

By BERNIE HORNICK
THE TRIBUNE-DEMOCRAT
SOMERSET — Reeling from a judge’s decision to toss incriminating statements, the district attorney Wednesday withdrew criminal homicide charges against William A. McTonic, 74, of Jerome, who police believe shot his bride to death.

DA Jerry Spangler issued a two-page statement and referred to the inadmissibility of a McTonic statement to police.

“With the case’s gaps and the lack of sufficient evidence, my office cannot continue to pursue this case without new evidence or leads,” he said.

“This ranks as one of the most difficult (decisions) of my career.”

McTonic had been charged with criminal homicide after his wife of three weeks, Ruth Anne Henderson-McTonic, 73, was found shot to death April 3 at her residence on School Avenue, Jerome. She suffered two gunshots to the head and chest.

McTonic was held for trial, but prosecutors suffered a setback in December when Judge John Cascio ruled that Conemaugh Township police were out of bounds in their questioning. Cascio approved a defense motion to suppress a statement McTonic made while in custody.

Defense attorney Kenneth Johnson could not immediately be reached for comment Wednesday afternoon.

At a preliminary hearing in May, Henderson-McTonic’s daughter, Jennifer Kramer of Jerome, testified that the couple began having problems almost immediately after their March 14 wedding.

The couple stayed together just four days, Kramer said. Her mother then said she wanted a divorce and asked her husband to leave their house.

They began living apart, with McTonic on Railroad Avenue.

One witness testified that McTonic called her about 7 a.m. April 3, saying “Ruth was shot and was dead.” But Spangler said that Henderson-McTonic’s body was not even discovered until 9:30 a.m.

Spangler said he had no choice but to make the decision he did.

“If we proceeded to trial and the jury returned a not guilty verdict, that would mean that the case is over,” he said. “The action I have taken today preserves our ability to seek justice in this case.”

Spangler said the Henderson family was “understandably upset, but they also understand the legal situation we are in.”

He said authorities are exhausting every avenue to bring justice to the case.

He said his office had considered appealing Cascio’s ruling.

But Spanger said he felt an appeal would be to no avail and that Cascio’s decision was made on sound principles.

Spangler asked anyone with information on the murder to call Conemaugh Township police: 288-1400.