Court vacates killer’s fine
Hardwick serving term of 40 years to life for role in 2015 shooting death of 21-year-old
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If and when Ryan James Hardwick of Martinsburg is paroled for his part in the 2015 murder of a Roaring Spring woman, he will not have to pay a fine imposed by Bedford County Judge Travis W. Livengood.
The Pennsylvania Superior Court in an opinion last week ruled the prosecution in the case has still not shown that Hardwick, who was 15 years old at the time of the murder and who was arrested shortly thereafter, has the financial wherewithal to pay a fine.
Hardwick is presently serving a prison term of 40 years to life for his part in the shooting death of Stephanie Waters, 21.
He and another juvenile, Deauntay Dontaz Moye, 16, of Woodbury, had set up a drug buy, and they agreed to kill the person who showed up at a parking lot in Woodbury with the marijuana.
Waters was delivering the drug on behalf of her boyfriend.
Moye shot her in the head and neck.
Hardwick, it is alleged, then shot Waters' dog when it began to bark.
The young victim did not immediately die, but rather than seek help, the juveniles drove around with Waters in the back seat.
They eventually abandoned the car and the victim in the driveway of a vacant home.
Hardwick was initially sentenced to a prison term of 60 years to life and fined $25,000 after pleading to first-degree murder.
His Altoona attorney, Mark S. Zearfaus, challenged the sentence and the fine, and the appeals court vacated the sentence as a de facto life sentence in violation of a 2012 U.S. Supreme Court ruling that found mandatory life sentences for juveniles who committed murder to be unconstitutional.
On the remand to Bedford County, Harwick's prison sentence was reduced to 40 years to life, but the judge held firm on the $25,000 fine.
Zearfaus continued to object to the fine, and on appeal, the case was sent back to Bedford County for a determination whether Hardwick "could actually pay that kind of fine," according to the attorney.
On rehearing, the fine was reduced to $15,000.
Zearfaus once again appealed, contending the fine was "illegal and an abuse of discretion."
A panel of Superior Court judges that included Jack A. Panella, Judith F. Olson and Correale F. Stevens addressed the issue.
In the opinion written by Panella, it was noted that a prior ruling by the Superior Court found no evidence of Hardwick's ability to pay a fine.
Initially, the prosecution presented no testimony.
The panel explained the prosecution "has failed to support the fine imposed by failing to file a brief in this appeal."
"As the current record contains no new evidence of Harwick's ability to pay, we are constrained to conclude that there is still no evidence of record concerning Harwick's ability to pay the fine."
"We therefore vacate the fine imposed," the opinion concluded.
It pointed out all other aspects of the sentence remain intact.
Hardwick is now 24 years old and is incarcerated in the State Correctional Institution in Forest County.
Moye, 25, is serving a 50-year minimum term at SCI Frackville.
Zearfaus stated the case has now concluded, pointing out "it's not often a judge gets overturned three times on the same case."