A Hempfield man who is accused of trying to hire a hit man to kill his estranged sister wants to rescind his guilty plea, his attorney said Tuesday.
Peter Cute, 64, in October pleaded guilty to one felony count of criminal solicitation to commit homicide.
“He said he didn’t understand the nature of the proceeding,” assistant public defender Sara Reeb said.
According to court records, Cute met with undercover detectives in April in the parking lot of the Eat’n Park restaurant in New Stanton, where he offered to pay a would-be hit man $1,000 to kill his sister. Police said Cute claimed his sister prevented him from having access to his family’s property and finances.
The planned murder was arranged during a 30-minute meeting that was recorded by detectives, according to police.
Cute has suffered from health issues since his arrest and is confined to a wheelchair, his attorney said. He was scheduled to be sentenced Tuesday by Westmoreland County Common Pleas Judge Scott Mears and faced a potential 20-year prison sentence.
Assistant District Attorney Elizabeth Ranger said state law does not allow Cute to withdraw his plea without proper cause.
“There needs to be a fair and just reason, and there isn’t one,” Ranger said.
During a court hearing last year, Cute told the judge it was in his best interest to plead guilty. Ranger said Cute’s mental state was never questioned during previous court appearances.
Reeb suggested Cute’s mental health may now be compromised and claims he did not understand his current situation.
Mears delayed the sentencing hearing and ordered Cute to undergo a competency evaluation to determine whether his prosecution should continue. The judge said he would defer a decision on Cute’s attempt to rescind his guilty plea until after the competency issue is resolved.
