Yeadon murder arrest brought about by DNA

YEADON -- A borough man was charged Thursday with fatally stabbing and beating a man whose body was found in a closet wrapped in a blanket and with a bag over his head. Defendant Antoine Miller’s saliva matched DNA evidence on a cigarette butt recovered at victim Wallace Bivens’ apartment, according to the arrest affidavit. Also, blood on a cell phone recovered from the 40-year-old victim’s stolen car that Miller was observed driving and on a pair of Miller’s sneakers was a match to the victim.

"We have strong evidence linking the suspect to the scene," said Yeadon Detective Sgt. David Splain, who led an extensive investigation with county Detective Michael Palmer.

"We have no motive," added Splain. Investigators have not determined any relationship between the defendant and the victim.

Miller, 30, of the 1600 block of Patricia Drive, was already behind bars at the county prison on an unrelated offense when investigators served the warrant for first-degree murder and related offenses early Thursday.

According to the affidavit, Darby Borough police arrested Miller April 11 for driving under the influence and eluding authorities. Miller was in what authorities would later determine to be Bivens’ stolen 2004 Infinity. He was stopped for driving without any headlights just a few blocks from Bivens’ apartment building, within the county medical examiner’s estimated time of death, authorities said.

Delaware County Medical Examiner Dr. Fredric N. Hellman estimated Bivens was dead a week-and-a-half to two weeks when his body was found on April 24.

Yeadon police were called to Apartment "B" in the 1600 block of Patricia Drive, about 4:21 p.m. Borough Officer Leroy Foster had met Pennsylvania State Constable Carmen Damiani and management of the Parkview Court Apartments to serve an eviction notice on Bivens. Passkeys were used to enter the apartment. Damiani made the gruesome discovery, immediately spurring a criminal probe.

His wife told investigators that she and Bivens were estranged for several years. Her last contact with him was on April 9, when he visited her in Philadelphia. Additionally, investigators found a pile of mail in Bivens’ apartment, all with postmarks between April 10 and April 21. And Bivens’ car was missing.

According to the affidavit: Darby Borough Officer Christopher Stymiest was attempting to stop a silver Infinity with its headlights off when the driver sped off, shortly after 11 p.m. on April 11. There was a brief pursuit before Darby Officer Tim Hannigan and his K-9 partner, Chico, apprehended Miller.

Recovered from the Infinity was the ignition key along with several other keys on the same ring. One of the other keys opened the door to Bivens’ apartment. The victim’s cell phone, with blood traces, was also in the car.

Miller’s mother called Yeadon police April 17 to report that her son had been missing since April 11, the night he was arrested in Darby and remanded to jail because he failed to post $500 bail. It was also determined that Miller was wanted in Yeadon for a robbery and assault case in 2004, and a detainer was placed on him at that time.

Investigators later searched Miller’s apartment. They also served a warrant at the county prison to seize the clothing Miller was wearing when he arrived. A T-shirt, sweatpants and sneakers, the latter of which appeared to have some blood on the top, were confiscated.

Several fingerprints were collected from the crime scene when it was first processed. Miller’s fingerprint was positively identified on the exterior doorknob to the living room closet where Bivens’ body was found. Another fingerprint that matched Miller was on a beverage can found in a trashcan in the victim’s kitchen. In that can was the butt of a Newport cigarette.

The victim’s car and keys, the victim’s apartments keys, the cigarette butt, the two sets of fingerprints and two blood samples add up to seven points of combined physical and forensic evidence against Miller, according to Splain.

Miller was arraigned before Magisterial District Judge Edward J. Gannon Thursday afternoon. He was processed and then taken back to prison, this time without bail.

A preliminary hearing is scheduled June 9.