EMPORIUM (EC) — Murder charges against an Emporium man for allegedly slitting a woman’s throat Oct. 26 were bound to court Thursday at a preliminary hearing before District Judge Barry Brown.
Michael Fuller Courtney, 34, of Emporium, is charged with first-degree murder, third-degree murder and two counts of aggravated assault. At the hearing, Cameron County District Attorney Jeanne Miglicio withdrew a count of second-degree murder in the case.
He is accused of killing Deborah Lynn Gerlach, 45, in what he called a game of “tit for tat,” court records allege. However, authorities said Courtney told them he’d killed her during an argument about her request to go on a drug run, police allege.
During the hearing, Miglicio and Defense Attorney Fred D. Hummel, Jr. presented testimony to determine whether there was enough evidence for Courtney to stand trial on the charges.
Magisterial District Judge Barry Brown determined that there was enough initial evidence to proceed to the criminal court level and bound the charges to court.
Courtney remains ineligible for bail due to the seriousness of his alleged crimes. Intent must be proven for a defendant to be found guilty of first-degree murder.
Courtney could face the death penalty if convicted of first-degree murder, if the county chooses to pursue it. Hummel does not typically work with the Cameron County public defender’s office, but was brought in to represent Courtney due to the potential for this to become a death penalty case. A specially-certified attorney must serve as counsel in such matters.
According to the affidavit on file at Brown’s office, Courtney alerted police to a situation at a friend’s home, and then took police to the residence of Gerlach, who had been stabbed and was bleeding profusely. She was pronounced dead shortly thereafter.
Courtney allegedly told police that he and Gerlach had been playing a game called “Tit for Tat,” which required one participant to copy the actions of another. Courtney stated that the two took turns holding a box cutter to their necks and pretending to cut themselves. Police allege that Courtney told them that during the final round of the game, Gerlach allowed Courtney to hold the knife and he accidentally cut her throat with it.
The affidavit states that Courtney drank a bottle of liquor purchased earlier in the day from the state store in Emporium and took a “blue pill” offered to him by Gerlach, though Courtney states he did not know what type of medication he was being given.
Courtney cooperated with police, answering questions and walking them to Gerlach’s apartment, just a block or so from Sheetz on South Wood Street, because he did not know the address, court records read.
Two lacerations were reported on Gerlach’s person by state police forensics. One on Gerlach’s neck measured just over an inch; a second on her back was nearly eight inches long.
Police later served a search warrant at Northwest Savings Bank to collect information related to Gerlach’s ATM card and bank account. Her card had last been used just over an hour before her death, according to warrant documents.
Since his arrest, Courtney has also been charged with a summary count of harassment for allegedly striking his girlfriend on the day before the murder charges were filed.
A formal arraignment has been scheduled for 9 a.m. Dec. 20 in front of Senior Judge Richard Masson in the main courtroom of the Cameron County Courthouse in Emporium.
