EMPORIUM (EC) — The Cameron County District Attorney announced on Tuesday that the Commonwealth does not intend to seek the death penalty against an Emporium man charged with murder and related counts.
Michael Fuller Courtney, 34, will not face the death penalty for charges stemming from the murder of Deborah Gerlach, 45, which occurred on the evening of Oct. 26 in her apartment on South Wood Street in Emporium Borough.
Cameron County District Attorney Jeanne Miglicio said she did not file paperwork necessary to pursue the death penalty in the case.
The notice had to be filed prior to Courtney’s formal arraignment hearing in front of President Judge Richard Masson, which was scheduled for Tuesday morning. The hearing was waived by Courtney’s attorney, Fred Hummel Jr, of Punxsutawney.
“In reviewing the aggravated circumstances, we found it just didn’t meet the criteria,” said Miglicio. “It’s a big decision, very serious, and we didn’t make it simply. The evidence just wasn’t there to fit the muster needed for a death sentence.”
Courtney currently faces charges of first-degree murder, third-degree murder and aggravated assault. An additional charge was withdrawn at the preliminary hearing.
Police allege that Courtney called officers from a phone at the Sheetz convenience store in Emporium about one block away from Gerlach’s South Maple Street home. Courtney allegedly told officers that he had stabbed someone when they arrived on scene.
Courtney led police officers to Gerlach’s home, where they broke the door down and discovered her body. Courtney told police at one point that he had accidentally stabbed her in the course of a game called “Tit for Tat.” He also informed them of an argument over whether or not they should get more drugs, according to an affidavit of probable cause on file at Magisterial District Judge Barry Brown’s office.
Gerlach had two lacerations — one on her chest and a longer one across her back, according to police reports.
Police allege that Courtney was under the influence of alcohol at the time of the incident, and that he told them he also took an unknown blue pill from Gerlach earlier in the day. Police have served a warrant for bank records and surveillance footage from a local financial institution in the course of the investigation.
Courtney is being held in the McKean County Jail in Smethport, as defendants charged with first-degree murder are not eligible for bail.
No further action has been scheduled in this case at this time.
