Judge reinstates murder charges in bludgeoning death of woman
NORRISTOWN -- Murder charges will stand against a Philadelphia man accused of the bludgeoning death of an Upper Merion woman while she worked at an Ardmore catering company, a judge has ruled.
Montgomery County Judge William T. Nicholas dismissed Jacuqin Jaron Byrd’s request that murder-related charges be dismissed against him, according to an order filed in county court Tuesday.
The judge, after hearing testimony from detectives last week, determined there is sufficient evidence to hold Byrd for trial on charges of first- and third-degree murder, theft, tampering with evidence, possession of an instrument of crime and lying to authorities in connection with the Jan. 26 death of Sarah Boone. The judge set Byrd’s trial date for Nov. 27.
In March, District Judge Kathleen Valentine of Ardmore ruled prosecutors did provide sufficient evidence to support the charges during Byrd’s preliminary hearing; however, defense lawyer William McElroy argued the evidence presented at the preliminary hearing was not sufficient to charge Byrd and he asked a county judge to consider the matter.
County detectives testified to Nicholas that forensic tests conducted on scissors and a hammer found at the murder scene showed a mixture of DNA from Boone and Byrd.
First Assistant District Attorney Risa Vetri Ferman, referring to the mathematical odds gleaned from the DNA tests, told Nicholas, "That means there is a one in 62 million chance it’s someone else other than Byrd."
Blood on the scissors and hammer matched Boone’s DNA while "touch" DNA obtained from those two items matched Byrd’s, the prosecutor said. Byrd’s DNA involved skin cells found on the handles of the scissors and hammer, according to the prosecutor.
McElroy argued that prosecutors used "some phantom source" of DNA to link Byrd to the crime and that the evidence is insufficient.
Byrd, 27, of the Olney section of Philadelphia, faces a life prison sentence if convicted of first-degree murder. A third-degree murder conviction carries a possible maximum sentence of 20 to 40 years in prison.
Byrd is accused of killing Boone, 24, who was employed at Cricket Catering at the time of her death. Her employer found her body on the afternoon of Jan. 26 in the basement bathroom at the company’s office in the 200 block of East Spring Avenue in Ardmore. An autopsy determined Boone died from blunt and sharp force wounds. She was bludgeoned and stabbed, authorities said.
Byrd told authorities he was not in the Ardmore area at the time of the murder. However, authorities have eyewitnesses who claim they saw Byrd in the area as well as cell phone records that place him in the general vicinity, according to court papers.
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