Published: December 02, 2005 11:20 pm      

Suspect could face death

HOLLIDAYSBURG — Triple-murder defendant Miguel Padilla of Gallitzin will face the death penalty if convicted, Blair County prosecutors said Friday.

That news, though, was nearly overshadowed in Blair County Court when at mid-morning the judge moved up the time and changed the location of the formal arraignment, citing security threats.

“It was due to information the courts received as to certain threats to the security of this proceeding,” Judge Elizabeth Doyle said from the bench.

“The security of the district attorney, the defense attorney, the court staff and myself is of greater concern,” than the rights of the spectators and the victims’ families to attend.

Padilla, 25, of Convent Street, Gallitzin, faces three charges of homicide and other counts for an Aug. 28 shooting outside a private after-hours club on Union Avenue in Altoona.

Providing security for Padilla has been a significant concern for months.

At Padilla’s preliminary hearing on Oct. 27, Emanuel Rickabaugh, 62, brother of victim Frederick Rickabaugh, allegedly tried to attack him.

Friday’s brief hearing for Padilla, during which he pleaded not guilty, was held about 45 minutes before the scheduled 1:30 p.m. time. Some family members of the victims were notified of the accelerated schedule.

And rather than holding the hearing in Doyle’s large open courtroom in the old part of the courthouse, the location was moved to the 10-year-old addition. From there, it was easier to move Padilla through secure entrances, hallways and elevators.

Padilla, a 1997 graduate of Penn Cambria High School, is charged with gunning down Alfred Mignogna, 61, a retired teacher and owner of the United Veterans Association club; Frederick Rickabaugh, 58, a club doorman and bouncer; and Stephen Heiss, 28, a guard at SCI-Huntingdon, a club patron.

Padilla was with friend Travis Shumaker and at least one other person when they were denied admission to the club on Aug. 28. Police say Padilla went to a car, returned with a handgun and shot in retribution.

He has been in the Blair County Jail since his arrest. Padilla came to Friday’s hearing dressed in an orange jumpsuit beneath an olive-green bulletproof vest.

Emanuel Rickabaugh of Altoona, who was charged with disorderly conduct in the prior scuffle, was informed before Friday’s hearing that Doyle would not permit him in the courtroom. That ban is expected to remain in effect throughout the trial, which could occur by fall 2006.

Frederick Rickabaugh’s son – who was removed from the preliminary hearing after police said he made threats against Shumaker – attended Friday’s arraignment without incident.

Assistant District Attorney Jackie Bernard was upset by Doyle’s decision to step up the arraignment time.

“Security is a concern and it should be a concern,” she said in an interview following the proceeding. “Our problem is that this is a consistent display with how the system is geared to disavow the importance of the families of the victims.”

About 15 family members and friends attended the hearing.

Blair County Sheriff Larry Field, equally upset at the last-minute time change, was able to get Padilla to and from court without incident. Seven deputies guarded the suspect in the courtroom.

Three aggravating circumstances, which Bernard said served as the cause for seeking the death penalty, were listed against Padilla:

• The crime involved multiple homicides.

• The killings occurred during the commission of a felony – Padilla’s illegal possession of a firearm.

• The actions were taken by Padilla knowing he was creating a risk of death to others.

As an illegal alien, Padilla is not permitted to possess a gun, Bernard said.

He is charged with three counts each of homicide, aggravated assault, reckless endangerment and illegal possession of a firearm.