Man sentenced in Pa. slaying case

March 25, 1997


Staff Writer

McCONNELLSBURG, Pa. - A Fulton County man was sentenced Tuesday to at least 20 months in Franklin County Prison for his role in the stabbing death of man involved in a fight outside an apartment complex.

James Monte Figard, 43, was allowed to remain free on bail pending appeal of the sentence handed down by Franklin County Judge Douglas Herman.

Figard, a construction worker with a good work record, was convicted of aggravated assault in January by a Fulton County jury for his role in the Sept. 4, 1995, fatal stabbing of Rodney Eugene Barthalow.


Herman said that he issued the lowest sentence the guidelines allowed because there was no evidence that Figard meant for Barthalow, 31, to die.

Figard's sentence runs from 20 to 48 months and he must serve a minimum of 20 months, Herman said. Figard was given two years probation on his conviction of simple assault in the case.

Roger Lee Maloney, 33, of R.D. 1, McConnellsburg, pleaded guilty to third-degree murder in the case on Sept. 17, 1996, and was sentenced to 12 to 40 years, according to court records.

Maloney stabbed Barthalow four times in the chest and stomach during a fight in the parking lot of Woodside Apartments in Ayr Township, according to court records.

Terrie Jean Mumma, 22, the third defendant in the case, lived in the apartments. Mumma was Maloney's girlfriend at the time. A fight between Maloney and Barthalow stemmed from reports that Barthalow had a sexual relationship with Mumma, court records said.

Witnesses told police that Mumma handed the knife to Maloney during the fight. She was acquitted of aggravated assault by a Fulton County jury.

Figard was accused of trying to help Maloney by holding Barthalow during the fight. He denied in court Tuesday that he ever saw a knife in Maloney's hands.

Originally arrested on a criminal homicide charge, Figard was acquitted of that charge by the jury, but the panel thought there was enough evidence to convict him of aggravated assault, according to District Attorney Dwight Harvey.

The judge contended that the state failed to prove that Figard wanted Barthalow dead.

Harvey said Figard could remain free on bail for as long as nine months as his appeal goes through he system. He said he didn't think Figard posed a flight risk.

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