Jury deliberating fate of Churchill man accused of killing intruder at home in Arnold to return Friday morning
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A Westmoreland County jury will return Friday morning to continue deliberations in the criminal homicide trial of a Churchill man accused in the killing last year of an intruder at an Arnold home.
Devon Askew, 28, contends he acted in self-defense when he shot and killed 34-year-old Richard Hildreth on June 28, 2020.
The jury tasked with deciding his fate deliberated five hours Thursday without reaching a verdict.
Prosecutors said Askew committed first-degree murder when he shot Hildreth twice in the back as he fled the Woodmont Avenue home.
“The minute he pulled the trigger, he was not in danger. When he pulled the trigger, he did so with the intent to kill,” Westmoreland County Assistant District Attorney Pete Caravello said.
Askew did not testify during the four-day trial, but defense attorney Ryan Tutera argued the shooting was justified.
Hildreth had a prior record that included an assault on the woman who lived in the home and was the mother to his now 2-year-old daughter.
Hildreth also previously threatened Askew with a gun, the defense contended.
Tutera told jurors Askew felt threatened and fired the fatal shots to protect the woman and her baby.
“You must acquit him. It would be a travesty of justice if you convict him of any of these offenses,” Tutera argued.
The jury was instructed by Westmoreland County Common Pleas Judge Meagan Bilik-DeFazio that it could find Askew guilty of first-degree murder or lesser offenses of third-degree murder or voluntary manslaughter. It could also find Askew not guilty if it thought he acted in self-defense.
The judge said the jury could apply the state’s Castle Doctrine that makes a shooting justified if it occurs in the course of protecting an occupant while on private property.
The judge dismissed a related firearms offense against Askew earlier in the trial.
Tutera said Askew was a guest in the home when Hildreth broke in at 4:30 am.
“You can rule out murder. Murder is evil, and this isn’t murder,” Tutera said.
Hildreth’s autopsy revealed he was shot two times in the back. Police said evidence proved the shootings were in two different locations outside the home, Caravello argued.
Caravello said Askew claimed he shot Hildreth as he attempted to enter the home through a window.
Witnesses said the murder weapon, 9 mm handgun, was found hidden in a shoe after the shooting. Askew fled the scene and turned himself in about six hours later, according to police.