Judge vacates former Altoona man’s death penalty for 2004 murder
Staton found incompetent, will be resentenced to life in prison without parole
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Federal District Judge Joy Flowers Conti in an order issued Wednesday vacated the death sentence imposed on a former Altoona man for the February 2004 murder of his then-girlfriend.
Andre Staton, 63, will now be sentenced to life in prison without parole. Staton is presently incarcerated in the State Correctional Institution Somerset for the death of Beverly K. Yohn, 26, who was the mother of three children and had moved with her children into her mother's home to escape his abuse.
Staton was convicted in 2006 of stabbing Yohn 12 times after forcing his way into her mother's home during the early morning of Feb. 25.
After the killing, he fled to his native Baltimore, where he was eventually arrested.
The Blair County jury that convicted him of first-degree murder sentenced him to death.
Former President Judge Elizabeth A. Doyle imposed the death sentence on June 1, 2006.
Staton appealed his conviction and sentence before the Pennsylvania Superior and Supreme Courts.
After losing his battle in the state court system, he sought review in the federal court.
Staton initially sought a new trial, contending the trial in Blair County was tainted by pretrial publicity and the failure to move the case to another county, as well as a plethora of other issues.
The prosecution was led by Blair County District Attorney Pete Weeks and First Assistant District Attorney Nichole M. Smith.
The defense and prosecution more recently have negotiated a settlement of Staton's federal appeal, and last week indicated to Conti they had reached an agreement -- the death penalty would be vacated but Staton would be resentenced to life without parole.
Conti, after last week's hearing, stated she would issue an order approving the settlement agreement.
She did so late Wednesday, stating that the Staton case is resolved.
The intent of her order, she explained, is to end "any further litigation in either the Federal or State Court that seeks to disturb his murder conviction and/or sentencing."
The terms of the agreement state that Staton "agrees to withdraw any and all other claims for relief raised in his petition in either Federal or State Court."
The sentence imposed by Doyle was officially vacated by Conti's order and it stated, "the state trial court will be legally required to impose a sentence (to First Degree Murder) of life without the possibility of parole."
Conti, in her approval of the settlement agreement and her order, explained why the dismissal of the death penalty was appropriate and why the prosecution agreed.
In 2023, Conti -- when Staton suggested he would forgo any further appeals -- ordered a competency exam.
After expert witnesses representing both the prosecution and defense agreed Station suffered from "mental disease and a mental defect," the judge determined he lacked the competency to waive his penalty phase claims.
She appointed a guardian, attorney Julie Brain of Philadelphia, to make decisions affecting his court case.
With his competency in question, the defense was able to argue that a 2002 U.S. Supreme Court case, Atkins v. Virgina, was applicable when it came to the death penalty.
The Atkins decision established that imposing a death sentence on a person with a mental disability was a violation of the Eighth Amendment's bar on cruel and unusual punishment.
Conti stated, "The District Attorney of Blair County agrees that Mr. Staton is ineligible to receive a death sentence under Atkins v. Virginia."
Conti held a hearing last week concerning the pending agreement to vacate the death sentence.
The hearing included Staton by video and the various attorneys associated with the case.
The victim's family was consulted and a brother of the victim attended the hearing.
He remained silent during the hearing, although he was not in favor of the decision, noting, "I believe in 'an eye for an eye.'"
Penny Lantz, Yohn's mother, decided not to attend the hearing.
Yohn, she said, allowed Staton to stay in her apartment during their relationship, but he became physically abusive -- holding a knife to her throat and slapping her.
Lantz urged Yohn to come with her children and live in her home.
At that time, her children were ages 6, 9 and 10.
Meanwhile, Yohn obtained a Protection From Abuse order against Staton, barring him from any contact with her or her children.
When he broke into the Lantz home, he was violating the PFA order.
The mother reported that despite the PFA, Staton was stalking Yohn, for instance, roaring past her in his car.
Why did Staton initially become Yohn's boyfriend?
"He was sweet to her. I really liked him," she answered.
That opinion changed after Staton slapped her daughter.
"What a beautiful child she was. God gave her to me. She was an angel. ... Beverly was a good person," she said.
She was saddened by her daughter's death and that sadness continues.
Lantz raised Beverly's three children.
"I wouldn't have it any other way," she said.
She saw the children through counseling, noting the extreme trauma they experienced and what they witnessed that day.
Staton was a man always looking for drugs and money, she described.
While at one point she had a good feeling about Staton, Lantz explained why she did not attend the hearing last week.
"I didn't want to be around him. I didn't want to be around him at all. I can't stand him," she said.
The mother, still saddened by her daughter's death, said she thinks of her daughter and talks to her every day.
"She never leaves me," Lantz said.