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Franklin County DA to seek death penalty

March 09, 2011|By JENNIFER FITCH | waynesboro@herald-mail.com
  • Wallace
Wallace

CHAMBERSBURG, Pa. — The Franklin County (Pa.) District Attorney's Office Wednesday morning filed the necessary legal documents to seek the death penalty against a man accused of killing his mother.

Marcus Wallace, 40, is charged with both first- and second-degree murder in the death of his mother.

Consuella Wallace, 70, suffered a depressed skull fracture after someone made forcible entry in a window of her Hamilton Township, Pa., home on Dec. 10, 2009, and attacked her.

She died in February 2010.

The one-page notice filed by Franklin County District Attorney Matthew Fogal identifies one aggravating circumstance applicable in a death-penalty case. The notice alleges the defendant committed the killing in the perpetration of a felony, which it lists as burglary.

Mandatory arraignment is scheduled for March 16.

In addition to the murder charges, Wallace is charged with aggravated assault, burglary, criminal trespass and criminal mischief.

Pennsylvania State Police said they found a broken window with blood splattered on the glass when they arrived at Consuella Wallace's home at 1459 Pleasantview Drive.

Additional blood droplets created a trail to a bedroom, where police found spatter they say indicates the victim was assaulted while lying in bed, according to an affidavit of probable cause.

Police used DNA testing and an FBI database in the investigation, the affidavit said.

Wallace was arrested in Pittsburgh on an unrelated warrant. The charges against him were changed after his mother's death to include first- and second-degree murder.

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