Published: May 21, 2009 12:05 am      

Trial ordered in tot’s death

WINDBER — A judge on Wednesday ordered a Windber man to stand trial in the death of a 2-year-old girl. The girl’s mother said she lied to police to cover up the crime.

Richard Martin Hubler, 30, of the 100 block of Crabapple Lane, will stand trial on charges of criminal homicide, aggravated assault, simple assault and endangering the welfare of a child.

Following a 11/2-hour preliminary hearing, District Judge Joseph Cannoni said the prosecution proved its prima facie case against Hubler.

Hubler’s eyes clouded with tears as the hearing began. He sat motionless throughout the proceeding beside his defense attorney, Jerome Kaharick of Johnstown.

Hubler pleaded not guilty.

The girl’s mother, Ashley Heffner, testified that she and Hubler had been living together.

On Feb. 8, the child began to cry after being put to bed.

“He started screaming at her,” Heffner said. “All of a sudden, he punched her with his right hand. Her eyes started rolling back in her head.”

Heffner’s testimony contradicted what she and Hubler had told authorities at the time.

Both said the girl was injured when she fell out of a crib.

“So you lied,” Kaharick said.

“Yes,” Heffner said. “I was scared.”

Hubler took the child to Windber Hospital, and she was flown to Children’s Hospital in Pittsburgh. She died after doctors discontinued life support. A Feb. 27 autopsy showed the child suffered a brain injury caused by blunt force trauma.

Assistant District Attorney Catherine Primavera-Zakucia called three witnesses to testify.

State police Cpl. Edward Thomas testified Hubler told him he had intended to slap the girl with his fingertips, “but ended up hitting her with the palm of his hand.”

Paint Township police Officer William Gephart testified that the child had bruises on her forehead, legs and face.

Heffner said the child fell while walking, fell out of bed and bit her lip, Gephart said.

The child previously had been diagnosed with a muscle condition that made it difficult for her to walk, authorities said.

Heffner has two other children and is pregnant.

Gephart also testified that Heffner’s grandparents said they received a text message from her in January, saying she was unable to deal with the child and wanted to give her up for adoption.

Heffner was charged with endangering the welfare of a child and hindering apprehension or prosecution.

She will appear in county court at a later date.