EMPORIUM (EC) — A plea hearing will be held today for a local man accused of murdering an Emporium woman in her apartment last October.
Michael Fuller Courtney, 35, whose current address is listed in Smethport, faces charges of first-degree murder, third-degree murder and aggravated assault stemming from the murder of Deborah Gerlach, 45. Gerlach was killed in her apartment on South Wood Street in the Emporium Borough on the evening of Oct. 26.
Courtney is scheduled to appear for a plea hearing in front of Judge Richard Masson at 1 p.m. today as part of Return Day proceedings scheduled monthly for cases involving Cameron County defendants.
Available online court documents indicate a protracted back-and-forth of sealed entries between Masson and Courtney’s attorney, Fred D. Hummel Jr., of Punxsutawney, serving through the public defender’s office. Five sealed entries were sent to Masson, followed by the filing of an omnibus pre-trial motion and a notice of insanity or infirmity defense by Hummel. A status conference was held in mid-July; the plea hearing was scheduled shortly thereafter.
Police allege that Courtney called emergency services from a phone at the Sheetz convenience store in Emporium, about a block away from Gerlach’s apartment, and indicated that he had stabbed someone to officers when they arrived on-scene.
Courtney led officers to Gerlach’s home. Police broke down the door of the apartment and discovered her body amidst a grisly scene.
According to court documents, Courtney told police that he had accidentally stabbed Gerlach during the course of a game called “Tit for Tat,” in which one participant performs an act which is replicated by the second participant. The game continues on, with the acts escalating in severity until one participant or the other concedes.
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.
Police state that Courtney was cooperative, answering questions and walking them to Gerlach’s apartment when he could not provide an address.
Pennsylvania State Police forensic services personnel responded to the scene, and reportedly discovered two separate lacerations on Gerlach’s body: “One laceration to the left front of the neck measured approximately 3 centimeters (1.2 inches). A second laceration measured across the victim’s back, side, and across the front of the victim’s neck, and was approximately 19 centimeters (7.6 inches) in length,” according to the affidavit.
While Courtney is looking at first-degree murder charges, the death penalty was taken off the table early into proceedings. Cameron County District Attorney Jeanne Miglicio stated that the Commonwealth would not pursue the death penalty in this case due to the lack of aggravating factors required to be present in order for the death penalty to be imposed.
“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 has been held in the McKean County Jail since his arrest on Oct. 27. Defendants charged with first-degree murder are not eligible for bail.
