Castle Doctrine debated as defense in Arnold shooting trial

A Westmoreland County prosecutor argued Wednesday that Pennsylvania’s Castle Doctrine is not an applicable defense in the murder trial of a Churchill man charged in connection with a fatal shooting last year in Arnold.

Assistant District Attorney Pete Caravello said jurors should not receive legal instructions about the statute that the defense contends provides justification for Devon Askew to shoot and kill the unarmed man he claims broke into the Woodmont Avenue home where his girlfriend and her young child slept on June 28, 2020.

Askew, 28 is on trial in Westmoreland County for a general charge of criminal homicide. The prosecution says Askew gunned down 34-year-old Richard Hildreth after he broke in and eventually attempted to flee from the home.

Askew, through defense attorney Ryan Tutera, has argued the shooting was in self-defense.

The prosecution is expected to rest its case against Askew on Thursday morning and ask jurors to convict Askew of first-degree murder.

“I don’t believe the Castle Doctrine applies,” Caravello said. “Two shell casings were found outside of the house, and Mr. Hildreth was retreating from the house. None of this was done inside the home.”

The Castle Doctrine is a provision of the state’s self-defense law that provides justification for the killing of an intruder on private property.

Hildreth’s body was discovered by police outside the home with two shell casings from a 9mm handgun found near the body. No spent rounds were discovered inside the home, according to police witnesses who testified earlier in the trial.

Dr. Jennifer Hammers, a forensic pathologist, testified Wednesday that Hildreth was shot twice in the back. She could not determine the distance.

Westmoreland County Detective Nick Caesar testified that Askew admitted to firing the fatal shots when he met with investigators hours after the shooting. Caesar read from a report that detailed Askew’s claims that he shot Hildreth after he broke into the house.

“He saw Hildreth come through the kitchen window, and Devon Askew fired one shot at Richard Hildreth in self-defense,” Caesar testified. He told jurors Askew claimed he shot again as Hildreth attempted to re-enter the home through a different entrance.

“Devon Askew fired one shot as Richard Hildreth came at him,” Caesar testified.

Defense attorney Ryan Tutera argued jurors should not be allowed to consider first-degree murder. He asked Westmoreland County Judge Meagan Bilik-DeFazio to instruct jurors about potential verdicts that include a potential not-guilty finding, related to self-defense and the Castle Doctrine, as well two lesser charges of voluntary and involuntary manslaughter.

“There was no malice,” Tutera argued.

The defense has argued Hildreth had prior violent confrontations with both Askew and his ex-girlfriend, Jocelynn Ivanco. Ivanco has not testified during the trial but could be called as a witness for the defense Thursday, Tutera said.

A final decision as to what charges the jury can consider will be announced Thursday, the judge said.