Published: November 24, 2009 10:22 pm      

Ebensburg lawyer joins Horner defense team

HOLLIDAYSBURG — A longtime Cambria County lawyer has accepted a role in the defense of a former Johns-town man charged with a double homicide in Blair County.

David Beyer of Ebensburg, who ran for a Cambria judge’s seat in the spring primary, has been named to the defense team for Nicholas Adam Horner.

Horner is charged in the April 6 shooting deaths of Ray Williams, formerly of Northern Cambria, and Scott Garlick, a Hollidaysburg High School senior, at an Altoona sandwich shop.

“I’ve been a part-time public defender in Blair County for 11 or 12 years, and (public defender) Jimmy DiFrancesco asked me the other day if I would do it,” Beyer said Tuesday.

DiFrancesco, a longtime Johnstown lawyer who served as a Cambria County judge for six months in 2005, took over as Blair County public defender in February 2007.

Horner, 29, grew up in the Johns-town area and moved to Altoona following his discharge from the Army.

In October, he received permission to fire David Shrager of Pittsburgh, his third private attorney, and retain a new one. At that time Horner said he was unsure of his financial situation.

Horner said this week that he used the money refunded by Shrager to repay his in-laws and had no funds to hire a new attorney. Blair Judge Jolene Kopriva appointed the public defender’s office to represent him.

Blair Assistant Public Defender John Siford will serve as lead defense counsel and Joseph Hartye, also of the public defender’s office, as assistant.

The prosecution announced several months ago it will seek the death penalty in the event Horner is convicted of first-degree murder. Like many other counties, Blair requires a lead attorney provide defense in the trial while a second participates should a death penalty hearing result.

A death-qualified lawyer must have extensive felony trial experience and complete continuing education. Hartye is not qualified for death-penalty proceedings.

While Beyer has had four homicide trials, the Horner case would be his first death penalty.

Beyer and the defense team will meet with their client next week. A late spring or summer trial date is expected.

Horner, who served two tours in Iraq and one in Kuwait, has said he suffers from post-traumatic stress disorder.

He pleaded not guilty to the charges.

Beyer, who received his law degree in 1996, launched an unsuccessful bid in May to fill one of two seats on the Cambria bench.