Published: January 14, 2009 11:23 pm      

DA considers death penalty in fatal shooting outside restaurant

BEDFORD — District Attorney William Higgins said Wednesday that he is “leaning” toward seeking the death penalty for a man accused of shooting and killing his estranged wife in a McDonald’s parking lot.

Higgins said he will not make a final decision until he draws up the formal criminal information detailing the charges to be prosecuted against John Lewis Gerholt.

That will be done by the time Gerholt is scheduled for a formal arraignment on the charges in county court, Higgins said. It’s at the time of the court arraignment that the district attorney must notify the defense if he intends to seek a death sentence at trial. A date has not been set for the arraignment.

Defense attorney Thomas Dickey of Altoona could not be reached for comment.

Gerholt, 38, is accused of killing 24-year-old Karen Marie Gerholt of Hopewell on Nov. 9 when he fired two shots from a 12-gauge sawed-off shotgun.

His estranged wife, who was employed at McDonald’s in Snake Spring Township near Everett, was standing beside her car taking a break when Gerholt walked up and took aim, police alleged.

Gerholt most recently lived in Mount Union, Huntingdon County. He and his wife had been married for six years, but had separated not long before she was killed.

Karen Gerholt had three young children, including two fathered by John Gerholt.

At his preliminary hearing in December, Gerholt was ordered to stand trial on a dozen charges, including first-degree murder, aggravated assault and firearms violations.

Under state law, a district attorney must show there was at least one aggravating circumstance to support a death sentence. State law lists 18 possible aggravating circumstances, including a killing committed by a defendant who was subject to a court order – such as a protection from abuse order – restricting the defendant’s behavior toward the victim.

Court records show that a PFA had been imposed by a judge eight days prior to Karen Gerholt’s death.

Higgins said after the preliminary hearing that prior PFA violations made it illegal for Gerholt to have a firearm.

The defense can show mitigating circumstances in an attempt to outweigh any aggravating factors. The decision on a life or death sentence is up to a jury in a penalty phase if a defendant is convicted of first-degree murder.