Judge’s full ruling in teen murder trial to be released

Doyle sealed opinion to prevent influencing testimony in Persing’s upcoming hearing

HOLLIDAYSBURG -- A Blair County judge's ruling outlining why she transferred an Altoona teenager's second-degree murder, armed robbery and related charges to juvenile court is expected to be released in about a week.

A partial ruling, which became available Wednesday, revealed that President Judge Elizabeth Doyle is directing 16-year-old Damien Green's criminal charges to be moved from adult to juvenile court.

While Doyle sealed the rest of her ruling, her partial ruling obtained Thursday by the Mirror indicates the seal will be lifted after co-defendant Logan Persing's hearing seeking to move his case to juvenile court concludes. That hearing is scheduled to end on March 18.

"The reason for the seal is so that the court's opinion in this case does not influence the upcoming testimony at the (decertification) hearing in (Persing's) joined case," the judge said.

Green and Persing are two of the four teenagers facing murder and related charges in the Feb. 25, 2020, fatal shooting death of 15-year-old Devon Pfirsching of Altoona. The others are Owen Southerland and Omedro T. Davis Jr., both of Altoona, whose criminal charges are proceeding through adult court.

Altoona police, who filed the charges, accuse the teenagers of conspiring to lure Pfirshing to an alley on the 100 block of Fourth Avenue, where they would rob Pfirsching of marijuana and cash. Southerland, who is charged with first-degree murder, is alleged to have been holding the gun that discharged the fatal shot.

Doyle's release of her partial order on Wednesday, directing Green's criminal charges to juvenile court, drew an immediate objection by District Attorney Pete Weeks and First Assistant District Nichole Smith, who have filed a notice of appeal with the state Superior Court.

Their appeal could put Green's criminal case on hold, pending review of objections that are expected to be further developed after Doyle's forthcoming opinion is released.

In a court document filed Tuesday, Weeks indicated that he believed Green's charges would remain in adult court for lack of a timely ruling.

Upon learning of the judge's decision to grant Green's decertification petition, Weeks said his office will challenge the judge's ruling for being issued more than 30 days beyond the lawful time limit and because it reflects "a gross abuse of discretion considering the totality of the evidence."

In the meantime, Doyle's partial order also paves the way for Green to be transferred from the state Correctional Institution at Camp Hill to the City Mission-Living Stone Inc., ASPIRE Youth Detention Facility in Uniontown. The county's juvenile probation office is expected to handle that task and monitor Green's progress at the secure facility.

Mirror Staff Writer Kay Stephens is at 946-7456.