Woman gets time served in killing

Schade spent six years in prison in Bedford man’s death

BEDFORD -- A Muncy woman who had her sentence vacated after being convicted in the August 2017 killing of a Bedford County man was resentenced Monday afternoon.

Heather Schade, now 46, pleaded guilty to one felony count of conspiracy to aggravated assault in exchange for three to six years' incarceration followed by five years' probation.

President Judge Travis Livengood accepted the plea and agreed to sentence her immediately following the plea hearing.

Because Schade has been held since Aug. 5, 2017, a little more than six years ago, she was able to walk free after the day's proceedings.

Livengood said his intent in handing down this sentence was to not "send her back" to the correctional facility.

The one felony charge of conspiracy to criminal homicide was dismissed.

District Attorney Dwight Diehl told Livengood that the family of the victim, Gary Shriver, were aware of the plea agreement, understood the situation and had no comment.

"I just want to make sure that there are no hiccups," Livengood said.

Schade was also ordered to pay a $1,500 fine. When given the opportunity to speak, Schade decided to remain silent.

Prior to the sentencing, Livengood told Schade that she shouldn't expect to "get here again."

"Given how much discussion you've had with your current attorney and how your current case was formed, you shouldn't expect to get here again," Livengood said. "Don't file another (post-conviction collateral relief) and expect to get here again."

Schade was charged along with two other defendants, James Wallace and Devonta Gaines, in the killing of Gary Shriver during a suspected drug deal. Shriver was stabbed 28 times and thrown over an embankment, where he was found dead along Lake Gordon Road near Piney Ridge Road, court documents show.

Livengood then said that there were multiple theories on what happened throughout the case under the prior district attorney but it had been concluded that Schade was the least culpable in the killing of Shriver.

Diehl agreed, saying that Gaines is now believed to be the most culpable.

"I would see nothing that would indicate that (Schade) was the one" most responsible, Diehl said.

Schade's sentence was vacated in June when Livengood granted her petition for post-conviction collateral relief.

Schade had originally pleaded guilty to conspiracy to third-degree murder and was sentenced to eight to 22 years in state prison after entering into a plea agreement with the District Attorney's Office on July 18, 2018. After Schade and Wallace were sentenced, Gaines submitted to a polygraph a year after the stabbing. Gaines ultimately was sentenced to 5.5 to 22 years in state prison after pleading guilty to aggravated assault and reckless endangerment.

Gaines is now out on parole while Wallace hasn't challenged his 10- to 20-year sentence, according to Schade's attorney Justin Paul Miller.

Schade's petition for relief, filed May 10, 2019, hinged on the theory of who was more culpable in the killing. Due to COVID-19 restrictions, the case was continued multiple times, Livengood wrote an opinion released in June.

In the petition, Miller argued that Schade's trial counsel, Bedford County Public Defender Karen Hendershot, was ineffective.

In his nine-page opinion, Livengood cited ineffective trial counsel by Hendershot and prosecutorial misconduct by then-District Attorney Lesley Childers-Potts as reasons for granting the petition.

"We are genuinely appreciative of the time and attention the court has given to this case," Miller said.

Mirror Staff Writer Rachel Foor is at 814-946-7458.