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HOLLIDAYSBURG -- Blair County President Judge Elizabeth A. Doyle set the trial of an Altoona man charged with the murder of a corrections officer during a November 2021 attempted escape to begin in December.
But, she posed, "We can't have a trial until everything is wrapped up," referring to the amount of pretrial work that still needs to be accomplished.
Doyle was only recently assigned the case in which Christopher J. Aikens, 56, is charged with grabbing the handgun of Corrections Officer Rhonda Russell while in a holding cell at Blair Central Court in Altoona.
At one point, Russell was alone with five male inmates as sheriff's deputies and other prison officers were escorting inmates to and from various courtrooms and to the county prison in Hollidaysburg.
After Aikens had Russell in a chokehold, Altoona Police Sgt. George Bistline, who was in a courtroom, responded to the ongoing struggle.
Aikens, holding Russell's weapon, told Bistline to "back off," and he ducked back to draw his weapon. He fired at Aikens, but the shot fatally struck Russell.
Aikens quickly surrendered and is now incarcerated in the State Correctional Institution at Frackville while awaiting trial on 24 charges, including second-degree murder, murder of a law enforcement officer, multiple charges of aggravated assault, escape and possession of a firearm prohibited.
Blair County Judge Timothy M. Sullivan in November ordered a mental evaluation for Aikens.
Sullivan has become a senior judge, and Doyle noted during a brief status conference Friday that the Aikens' case has been transferred to her.
She set a Dec. 4 trial date and indicated Aikens will undergo a mental health evaluation at SCI Dallas in August. Doyle gave the prosecution and defense 50 days to complete discovery of the witness testimony the prosecution intends to present.
Aikens is represented by attorney Richard Corcoran from Ebensburg.
Russell's death has also resulted in a civil rights lawsuit by the administrator of her estate, Richard Reader in U.S. District Court in Johnstown.
It contends that Aikens was desperate to escape after being arrested on drug charges in November 2021.
The lawsuit charges that prison officials covered up two attempts by Aikens to dig his way through the prison wall just prior to being transported to Central Court.
Russell and another corrections officer were not informed of Aikens' alleged escape attempts and therefore were unaware of how dangerous he was that day.
The lawsuit contends that Russell was "abandoned" by other officers, leaving her as the lone guard of the five male inmates awaiting their preliminary hearings.
The civil rights action names Prison Warden Abbie Tate and five of her officers as defendants.
The defendants also include Sheriff James Ott and two of his deputies, as well as the estate of Bistline, who died shortly after the incident.
The civil lawsuit against the county and city officials is on hold while U.S. District Judge Kim R. Gibson reviews motions for dismissal filed on behalf of the defendants.