The Tribune Democrat, Johnstown, PA

January 31, 2014

Lawyer seeks more time for trial prep

Man charged with killing ex-girlfriend

Kathy Mellott
kmellott@tribdem.com

EBENSBURG — A Tire Hill man charged in the summer stabbing death of his ex-girlfriend is asking for more time to prepare for trial.

A motion filed by Altoona attorney Thomas Dickey, who is representing Demetrius Gibson, cites a number of pretrial issues and says more time is needed for him to file motions.

“You know how it is. There was a lot going on here, and I am just hoping the judge will allow more time for me to prepare,” Dickey said.

The petition will go to Cambria County Judge Norman Krumenacker, who was out of office this week and is scheduled to return Monday.

A trial date for Gibson has not been set, Assistant District Attorney Beth Bolton Penna said Friday.

“We did not oppose (the motion), Bolton Penna said. “We’d rather give them a little extra time now to avoid any possible appeal issues.”

Gibson, 21, is charged with stabbing Elizabeth Miller, 21, of the same address on Aug. 6 in the Dollar Car Wash parking lot along Bridge Street in Johnstown’s Moxham neighborhood.

The two had been together for some time. Authorities said the stabbing ended what was described as an especially troublesome fight.

At the time the Gibson family retained Dickey, the attorney told The Tribune-Democrat that he was not rushing through anything and vowed to leave no stone unturned.

“From what I can see, I don’t believe Mr. Gibson wanted to commit first-degree murder,” he said.

Gibson faces charges of criminal homicide, two counts of aggravated assault and one count of simple assault.

He pleaded not guilty to all of the charges at his preliminary hearing.

The woman’s brother, Quinn Miller, was in the area where the stabbing occurred. He testified at the hearing that he tried to help his sister.

Homicide charges were filed against Gibson immediately following Elizabeth Miller’s death.

Gibson remained at large until he turned himself in on Aug. 18. He has been in the Cambria County Prison without bail since that time.

The Cambria County District Attorney’s Office said at the time of Gibson’s arraignment that it will not seek the death penalty.



Kathy Mellott covers the Cambria County Courthouse for The Tribune-Democrat. Follow her on Twitter at twitter.com/kathymellotttd.