My Case for a DUI Third Degree Murder Charge for Sheena's Killer Robert LaBarre

See (below) Pennsylvania DUI Third Degree Murder convictions upheld on appeal. See sidebar (right) for the 13 most recent DUI Third Degree Murder cases in PA. I made my case to DA Jim Martin and Judge Robert Steinberg, repeatedly, in 2006, on behalf of Sheena. Robert LaBarre should have been charged with third degree murder and Lehigh County Judge James T. Anthony agrees (see page 7 of 7, and, pages 1-6).  

Commonwealth vs. Kling
Commonwealth vs. Urbanski
Commonwealth vs. Pigg
Commonwealth vs. Scales
Commonwealth vs. Levin
Commonwealth vs. Dunphy
Commonwealth vs. Thompson
Commonwealth vs. Green

" ... the mens rea [necessary 'guilty mind' element] for third degree murder is ...
malice, the definition of which is well settled: Malice consists of a "wickedness of disposition, hardness of heart, cruelty, recklessness of consequences, and a mind regardless of social duty, although a particular person may not be intended to be injured...." "Malice may be found where the defendant consciously disregarded an unjustified and extremely high risk that his actions might cause serious bodily injury." -Levin

[Video] Watch Lehigh County District Attorney James B. Martin inadvertently admit Robert LaBarre's third degree murder malice on CBS-3 Philadelphia, see the 1:31 mark at "Sheena Villa" where an uncharacteristically unscripted DA Jim Martin says,  "I think that there will be evidence that, that, will indicate that both he [i.e., a surviving backseat passenger] and Miss Villa, uh, cautioned LaBarre to slow down."

Allentown Police Department Arresting Officer Kevin Kennedy's Crash Reconstruction Report indicates that Robert LaBarre never braked before crashing, airborne, into a tree on the other side of a 35MPH residential street at a determined minimum crash speed of 85MPH, killing Sheena Villa. That is tangible and palpable proof that Robert LaBarre consciously disregarded an unjustified and extremely high risk that his actions might cause serious bodily injury. Robert LaBarre disregarded (for an estimated 30 seconds) his two passengers' screams to slow down. Like Kling, Urbanski, Pigg, Scales, Levin, Dunphy, and Thompson, Robert LaBarre should have been charged with, and convicted of, the crime he committed: third degree murder. 

DA Jim Martin "passed" on a slam dunk DUI third degree murder case against Gross McGinley partner attorney Don LaBarre's son Robert LaBarre. Why? FYI, Gross McGinley partner attorney and "Democrat" Mal Gross is a cash contributing member of Republican DA Jim Martin's Reelection Campaign Host Committee and represents The Morning Call "newspaper" and Gross McGinley partner attorney Patrick J. Reilly represents both Robert LaBarre and DA Jim Martin. Additionally, Gross McGinley partner attorneys who are regular and generous campaign contributors to DA Jim Martin include Paul McGinley, Patrick Reilly, J. Jackson Eaton, III, Victor Cavacini, and Howard Stevens  [Source: Lehigh County Campaign Finance Reports] so you connect the dots.

DA Jim Martin refused to charge Robert LaBarre with third degree murder, despite the merit of the charge, and in spite of Sheena's family's pleadings that he do so. By charging only Vehicular Homicide While DUI, DA Jim Martin reduced what could and should have been a 20 to 40 year state prison sentence for Robert LaBarre ... to only 5.5 years. Sheena deserved more time than that; here's how you can help us get Sheena more time.

Listen to my nearly 3 hours of additional defamation-free Facts & Truth Exposé on DA Jim Martin, Gross McGinley, and The Morning Call at WAEBV @ YouTube w/ more coming.

Read Related Story > Debbie Garlicki's Lehigh Valley Hospital Blame Game & DUI Death Cover-Up

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