Metro

Blair County Judge Jackie A. Bernard has dismissed a petition filed by a former Tyrone man who is serving a lengthy prison sentence stemming from his beating and terrorizing of a woman who he accused of cheating on him.

The defendant, David R. Gray, 42, is presently serving a prison sentence of 10.5 to 21 years imposed by retired Judge Hiram A. Carpenter on Aug. 21, 2017.

A jury in May 2017 acquitted Gray of attempted murder and attempted involuntary deviate sexual intercourse, but convicted him of aggravated assault, simple assault, kidnapping, two counts of recklessly endangering another person, robbery, theft and unlawful restraint.

Gray, who is incarcerated in the State Correctional Institution Houtzdale, did not immediately appeal his conviction or imprisonment and his sentence became final on Sept. 20, 2017.

However, on Nov. 7, 2018, he filed a petition asking counsel to be appointed in an effort to reinstate his post-trial rights and to seek a new trial.

Gray, in his petitions to obtain appellate review of his case, contended his trial counsel was “ineffective” in his defense, noting his counsel in his opening remarks and closing to the jury admitted that the defendant had committed aggravated assault.

In post-trial testimony, the defense counsel related that his strategy was to admit that Gray committed an assault, but the assault didn’t rise to the level of attempted murder.

The defendant also was upset with his trial counsel for not filing post-trial motions and for his failure to object to or interview witnesses.

The judge explained that Gray “claimed he attempted to contact (his trial attorney) to file post-trial motions but that such contact was unsuccessful.”

Gray also sought a court order that costs and fines levied against him be deferred until his jail time is completed.

If not getting a new trial, Gray asked that his sentences on each charge be concurrent and not consecutive — a ruling that would reduce his time behind bars in half.

Gray’s case has involved additional appointed attorneys and hearings held by other judges that included now-Senior Judge Daniel J. Milliron, Judge Fred Miller, who is deceased, and Bernard.

Gray is now represented by Ebensburg attorney Joseph Sutton.

Milliron denied Gray’s request for resentencing, but on May 21, 2021, he reinstated the defendant’s direct appeal rights.

Sutton, who then entered the case, filed an amended post-trial petition and Milliron once again reinstated the defendant’s appeal rights.

A post-trial hearing was held on June 5, 2024, before Judge Bernard.

The prosecution, led by Blair County District attorney Pete Weeks, sought dismissal of the defense petition.

In her opinion, Bernard pointed out that a post-trial petition — under Pennsylvania’s Post Conviction Relief Act — must be filed within a year of the case being initially closed.

“This jurist, cognizant that a defendant has a federally guaranteed right to counsel on direct appeal and an absolute right to direct appeal (under the state constitution) will not disturb Judge Milliron’s order (reinstating Gray’s appeal rights),” Bernard stated.

She emphasized, however, that when the present post-trial petition was filed by Gray, serving as his own attorney prior to Sutton, it was untimely.

She stressed that Gray’s petition was filed on Nov. 7, 2018, while the case was formally closed on Sept. 20, 2017.

The instant petition before the court was filed on July 2, 2021.

“Thus, the instant petition before the court is also patently untimely,” Bernard ruled.

She also addressed Gray’s claim that his trial attorney had erred by conceding before the jury that his client was guilty of aggravated assault.

Bernard rejected the ineffectiveness charge, explaining that the trial attorney reasoned such an admission was successful in that the jury found Gray not guilty of attempted murder.

Gray admitted during his sentencing hearing that his actions that occurred in late 2016 were the result of jealousy and anger.

He forced the victim into a car at the Greenwood Sheetz store and took her to a nearby cemetery, where he demanded sex from her.

As she tried to flee, he wrapped a cellphone cord around her neck and choked her until she passed out.

He then drove her to an ATM to acquire money, but employees at the business heard her screaming and intervened.

Gray has until the end of June to appeal Bernard’s decision.