2009-09-03 / Local & State

Fed Court Nixes Double Sentence In Pa. Drug Deaths

UNIONTOWN, Pa. (AP) - A federal appeals court says a man was wrongly sentenced to consecutive five- to 10-year prison terms for conspiring to kill a western Pennsylvania couple in 1994.

Friday's ruling by the 3rd U.S. Circuit Court of Appeals means 44-year-old David Robertson could soon be paroled in the shooting deaths of Edward and Karen Povlik in their Connellsville home on New Year's Eve 1994.

Police say another man shot the Povliks using a gun Robertson supplied after the couple wouldn't sell the men drugs. The other man was acquitted of murder, and so was Robertson, though a Fayette County jury convicted him in 2001 of conspiring to kill both victims.

The appeals court found Robertson was wrongly sentenced because the killings resulted from a single conspiracy, not two separate plans.

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