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Pa. jury acquits man of homicide

January 30, 1997

By RICHARD F. BELISLE

Staff Writer

McCONNELLSBURG, Pa. - A Fulton County jury acquitted a McConnellsburg man of a criminal homicide charge Thursday in the 1995 stabbing death of a 31-year-old man, court officials said.

But the jury of six men and six women found James Monte Figard, 43, of Woodside Apartments, McConnellsburg, guilty of felony aggravated assault and simple assault. Figard was found innocent of conspiracy in the case that stemmed from the Sept. 4, 1995, fatal stabbing of Rodney Eugene Barthalow.

Barthalow was stabbed outside Woodside Apartments in Ayr Township.

Judge Douglas Herman set a March 25 sentencing date for Figard.

Figard was the third and final defendant in the case.

Roger Lee Maloney, 33, of R.D. 1, McConnellsburg, pleaded guilty to third-degree murder in the case on Sept. 17, said Fulton County District Attorney Dwight Harvey. In October, Maloney was sentenced to 12 to 40 years in prison.

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Maloney was identified as the one who wielded the knife that killed Barthalow, Harvey said. Barthalow was stabbed four times in the chest and stomach, according to court records.

Maloney and Barthalow got into an argument in a Woodside Apartments unit rented by Terrie Jean Mumma, 22, the third defendant in the case, court records said. Mumma was charged with criminal homicide, aggravated assault and conspiracy. She was acquitted by a Fulton County jury, Harvey said.

The argument stemmed from reports that the victim had a sexual relationship with Mumma, who was Maloney's girlfriend at the time, court records said.

The fight between Maloney and Barthalow moved to the parking lot outside the apartment building, court records said. Witnesses told police that Mumma handed the knife to Maloney, court records said. Witnesses also told police that Figard joined Maloney in the fight against the victim, court records said.

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