Judge keeps teens’ murder charges

Southerland, Persing face various charges in shooting of 15-year-old

HOLLIDAYSBURG -- Murder charges remain intact against two Altoona teenagers involved in the February 2020 fatal shooting of 15-year-old Devon Pfirsching of Altoona.

In separate rulings filed this week in the Blair County prothonotary's office, President Judge Elizabeth Doyle found that prosecutors presented sufficient evidence to support a first degree murder charge against Owen Southerland, 17, and a second degree murder charge against Logan Charles Persing, 18.

Also within the rulings, the judge deferred rulings on defense requests to suppress statements defendants gave to police, pending further review of legal briefs.

Challenges to the murder charges against Southerland and Persing were the subject of court hearings on July 23 and Aug. 11.

In allowing Southerland's first degree murder charge to stand, Doyle said she was accepting the commonwealth's position.

During the Aug. 11 hearing, defense attorney Matthew J. McGregor told Doyle there's no evidence that Southerland intended to kill Pfisching, a necessary element for the first degree murder charge.

A criminal complaint filed in support of the charges stated that Southerland was holding the gun when it fired during a confrontation which started as a robbery in the 100 block of Fourth Avenue Alley.

In challenging McGregor's position, First Assistant District Attorney Nichole Smith told Doyle that Southerland's use of a deadly weapon on a vital part of a victim's body puts the question of his intent before the jury.

Doyle agreed in her ruling.

Doyle also denied challenges to the second degree murder and related charges that Altoona police filed against Persing, based on his involvement in a plan to rob Pfirsching of cash and marijuana which led to the fatal shooting.

Defense attorney Thomas M. Dickey found faults with how police obtained and searched Persing's cellphone to see an exchange of text messages for what was portrayed as a marijuana purchase.

In her ruling, Doyle found no problems with the search warrant and denied the motion to suppress the obtained information.

Doyle also turned down Dickey's request to have his client's case separated from Southerland's case and from co-defendant Damien Green's case which remains on hold. Green, 17, was also involved in the robbery plan and was at the site of the fatal shooting.

Doyle ruled in March that Green's second degree murder and related charges should move to juvenile court where they can be addressed through treatment and rehabilitation. The district attorney's office objected to her conclusion and appealed to the state Superior Court which put all juvenile proceedings on hold while the appeal is considered.

Mirror Staff Writer Kay Stephens is at 814-946-7456.