EMPORIUM (EC) — Facts in the case of an Emporium man charged with homicide are currently under review by Cameron County judicial officials to determine if he should face the death penalty for his actions.
Cameron County District Attorney Jeanne Miglicio told The Era that a decision on whether or not to pursue the death penalty in the case against Michael Fuller Courtney, 34, of Emporium, is still pending.
“The death penalty in the Courtney case is currently under appropriate review for consideration such that, come Dec. 20, proper notice will either be filed or the determination will be made not to pursue based on the information we have available,” said Miglicio.
The prosecution has until the time of formal arraignment to provide notice of intent to seek the death penalty, with exceptions for aggravating circumstances discovered through the course of the investigation. Courtney is scheduled for arraignment in front of President Judge Richard Masson on Dec. 20.
Courtney faces charges of first-degree murder, third-degree murder and aggravated assault stemming from an incident on Oct. 26 in Emporium Borough in which Deborah Gerlach, 45, was killed.
Police allege that Courtney called police from a phone at the Sheetz convenience store in Emporium about one block away from Gerlach’s South Maple Street home and told officers that he had stabbed someone when they arrived.
Courtney led police officers to Gerlach’s home, where they broke the door down and discovered her body. Courtney told police at one point that he had accidentally stabbed her in the course of a game called “Tit for Tat.” He also informed them of an argument over whether or not they should get more drugs, according to the affidavit of probable cause on file at Brown’s office. Gerlach had two lacerations; one on her chest and a longer one across her back, according to police reports.
Police allege that Courtney was under the influence of alcohol at the time of the incident, and that he told them he also took an unknown blue pill from Gerlach earlier in the day.
Courtney is being held in the McKean County Jail in Smethport, as defendants charged with first-degree murder are not eligible for bail.
