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Stiff jail term for choking grandma, 88
Man gets 18-36 years after pleading guilty to attack, robbery of girlfriend’s grandmother in Ephrata.
Lancaster New Era
Published: Jun 25, 2008
11:07 EST
Lancaster
By JANET KELLEY, Staff
A man who attacked and robbed an elderly Ephrata woman was sentenced to 18 to 36 years in prison Tuesday after pleading guilty in Lancaster County Court.
Stallsworth
 
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Timothy Stallsworth, 41, was arrested along with his 18-year-old girlfriend, Melissa Hurst — who is the victim's granddaughter — shortly after the robbery in April 2007.

Bloody and bruised, the 88-year-old victim managed to hit a home alarm when she regained consciousness, alerting relatives and authorities.

Within hours, Stallsworth and Hurst were under arrest by Ephrata police Detective Brad Ortenzi.

"This is one of the most despicable things I've seen" in 35 years with the justice system, Judge Dennis Reinaker told Stallsworth.

Assistant District Attorney Todd Brown said a pretrial hearing was scheduled for Tuesday when Stallsworth decided to plead guilty to the charges of robbery, aggravated assault, burglary and conspiracy.

In return for Stallsworth's guilty plea, Brown said, prosecutors agreed with defense attorney Andrew Spade to drop an additional charge of attempted murder.

Last fall, the victim's testimony was videotaped in case she would not be available for trial because of her age and health issues.

Reinaker told Stallsworth he remembered the victim, Arlene Hertzog as "kind and sweet."
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"How you could have done those things is beyond me," the judge said.

Stallsworth told Reinaker that he was "very remorseful for what happened."

His attorney reminded the judge that his client has "multiple mental health issues," and was agreeing to serve what very well may be a life prison sentence.

Reinaker said if it's the case, "then that's deserved."

Brown said because of Stallsworth was convicted of shooting at a policeman in 1997, he faced a mandatory minimum sentence of at least 10 years in prison.

Mrs. Hertzog, a small woman wearing a dark blue flowered dress, white sweater and white prayer cap for the taping, testified that she had gone to bed shortly after 10 p.m. on April 21, but was not yet asleep when she heard Hurst call, "Grandma!"

She immediately recognized her granddaughter standing near the nightlight in the hallway and got out of bed. Using her walker, Mrs. Hertzog tried to follow after the young woman who had turned and was walking toward the kitchen.

Mrs. Hertzog said she made it out of her bedroom and into the hall and "just that quick someone grabbed me around the neck."

She never saw the person holding her tightly by the neck, Mrs. Hertzog said, and the attacker never spoke, just "twisted, twisted, twisted."

"I couldn't breathe, holler or anything," Mrs. Hertzog said at the time. "I thought this was it. I thought I was a goner. ... I passed out before I hit the floor."

Mrs. Hertzog told the judge during the hearing she lives alone and typically manages to get around by using a walker.

She couldn't fight back, Mrs. Hertzog told Spade, because she had to keep her hands on the walker.

When she awoke, Mrs. Hertzog said she was lying in the hallway.

"My neck hurt so bad," and when she touched it, Mrs. Hertzog said, "my hand was all bloody."

Unable to stand, Mrs. Hertzog said she crawled back to her bedroom and pushed an alarm button to alert her daughter who lives across the street. She came and summoned police.

By an odd coincidence, Stallsworth and Hurst were picked up by a West Earl Township police officer at about 1:30 a.m. on April 22 walking along Route 222 and taken to a motel along Route 30 East.

When Ephrata police identified the suspects and broadcast their description, the West Earl Township officer made the connection and led police to the motel, where Hurst and Stallsworth were taken into custody.

In addition to the loss of about $425, Mrs. Hertzog suffered severe bruises all over her body, along with a gash on the back of her head and a cut across her neck that required stitches.

Her one eye was swollen shut and she couldn't hear for a couple of weeks after the attack, Mrs. Hertzog said, and she spent two or three days in a hospital.

The case against Hurst, who is facing charges of aggravated assault, robbery, burglary and conspiracy, is still pending. She is represented by defense attorney Barry G. Goldman.

In 1997, Stallsworth was sentenced to 4 to 8 years in state prison for shooting at a policeman in Butler County.

In that case, according to an account in the Butler Eagle newspaper, Stallsworth barricaded himself inside his house, threatening to kill himself.

When police responded, Stallsworth repeatedly fired a .22-caliber rifle out the window, missing the police officers but hitting a house across the street.

No one was hurt and Stallsworth, who lived there with his wife and five children, eventually was taken into custody without further incident.


Staff writer Janet Kelley can be reached at jkelley@LNPnews.com or 481-6026.

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Showing 5 most recent comments out of 37 total TalkBack comments about this article
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QUOTE(dee @ Jun 26 2008, 02:05 PM)

Her staff was GREAT when I called about meeting with her, they said they would gladly arrange a meeting, never even asked if I was in Katie's district. They didn't care, said she would meet with me regardless.

I answered your PM, but am having problems. Let me know if you don't get two from me.

Got them both and did the favor.
Hope
QUOTE(Hope @ Jun 26 2008, 02:18 PM)

Got them both and did the favor.

Thx, now I just tried to send you a reply about your niece, loooong PM and it won't go through and erased it. As soon as I get it worked out, I'll PM you my email address so I don't lose anymore messages. Arrrgh!

dee
Speaking for Lancaster County Prison, while they do have separate pods depending on your degree of "criminality" and the nature of your offenses, there are exceptions where general population inmates get mixed in with the sex offenders. People like Timothy Stallsworth (high-profile cases) though, they get to go to a special place called Ad-Seg (administrative segregation) and they have a private cell, private block-out, etc. So, in his case, no. No true justice is served there.
Cristy
FYI-

EACH STATE VARIES WITH EXECUTING the DEATH PENALTY.

you can get the death penalty(federal) for treason, drug trafficking, train wrecks, rape and first degree murder.
read below for more info:
Crimes Punishable by the Death Penalty
by state.
http://209.85.165.104/search?q=cache:LCEEE...php%3Fdid%3D144 death penalty---treason and first degree murder&hl=en&ct=clnk&cd=1&gl=us
QUOTE(Hope @ Jun 25 2008, 03:09 PM)


I thought that was always the case. I thought only first degree murderers could get the death penalty.


PS- DON'T FORGET
The Federal Death Penalty too.
http://www.deathpenaltyinfo.org/article.php?did=147&scid=
Federal Laws Providing for the Death Penalty

murder, genocide, drug trafficking etc.
http://www.deathpenaltyinfo.org/article.php?scid=29&did=192
FYI-

Federal crimes punishable by the DEATH PENALTY:

Federal Laws Providing for the Death Penalty
8 U.S.C. 1342 Murder related to the smuggling of aliens.
18 U.S.C. 32-34 Destruction of aircraft, motor vehicles, or related facilities resulting in death.
18 U.S.C. 36 Murder committed during a drug-related drive-by shooting.
18 U.S.C. 37 Murder committed at an airport serving international civil aviation.
18 U.S.C. 115((3)
[by cross-reference
to 18 U.S.C. 1111] Retaliatory murder of a member of the immediate family of law enforcement officials.
18 U.S.C. 241,
242, 245, 247 Civil rights offenses resulting in death.
18 U.S.C. 351
[by cross-reference
to 18 U.S.C. 1111] Murder of a member of Congress, an important executive official, or a Supreme Court Justice.
18 U.S.C. 794 Espionage.
18 U.S.C. 844(d), (f), (i) Death resulting from offenses involving transportation of explosives, destruction of government property, or destruction of property related to foreign or interstate commerce.
18 U.S.C. 924(i) Murder committed by the use of a firearm during a crime of violence or a drug-trafficking crime.
18 U.S.C. 930 Murder committed in a Federal Government facility.
18 U.S.C. 1091 Genocide.
18 U.S.C. 1111 First-degree murder.
18 U.S.C. 1114 Murder of a Federal judge or law enforcement official.
18 U.S.C. 1116 Murder of a foreign official.
18 U.S.C. 1118 Murder by a Federal prisoner.
18 U.S.C. 1119 Murder of a U.S. national in a foreign country.
18 U.S.C. 1120 Murder by an escaped Federal prisoner already sentenced to life imprisonment.
18 U.S.C. 1121 Murder of a State or local law enforcement official or other person aiding in a Federal investigation; murder of a State correctional officer.
18 U.S.C. 1201 Murder during a kidnapping.
18 U.S.C. 1203 Murder during a hostage taking.
18 U.S.C. 1503 Murder of a court officer or juror.
18 U.S.C. 1512 Murder with the intent of preventing testimony by a witness, victim, or informant.
18 U.S.C. 1513 Retaliatory murder of a witness, victim, or informant.
18 U.S.C. 1716 Mailing of injurious articles with intent to kill or resulting in death.
18 U.S.C. 1751
[by cross-reference
to 18 U.S.C. 1111] Assassination or kidnapping resulting in the death of the President or Vice President.
18 U.S.C. 1958 Murder for hire.
18 U.S.C. 1959 Murder involved in a racketeering offense.
18 U.S.C. 1992 Willful wrecking of a train resulting in death.
18 U.S.C. 2113 Bank-robbery-related murder or kidnapping.
18 U.S.C. 2119 Murder related to a carjacking.
18 U.S.C. 2245 Murder related to rape or child molestation.
18 U.S.C. 2251 Murder related to sexual exploitation of children.
18 U.S.C. 2280 Murder committed during an offense against maritime navigation.
18 U.S.C. 2281 Murder committed during an offense against a maritime fixed platform.
18 U.S.C. 2332 Terrorist murder of a U.S. national in another country.
18 U.S.C. 2332a Murder by the use of a weapon of mass destruction.
18 U.S.C. 2340 Murder involving torture.
18 U.S.C. 2381 Treason.
21 U.S.C. 848(e) Murder related to a continuing criminal enterprise or related murder of a Federal, State, or local law enforcement officer.
49 U.S.C. 1472-1473 Death resulting from aircraft hijacking.

Sources: Bureau of Justice Statistics: Capital Punishment 2006
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Return to Federal Death Penalty
--------------------------------------------------------------------------------
Crimes Punishable by the Death Penalty
Daisy Lee Myers
federal death penalty last used in 2001..

TIMOTHY McVeigh was the first federal execution in 38 yr!

http://www.courttv.com/news/mcveigh_specia...utions_ctv.html
Daisy Lee Myers
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