Churchill man convicted of voluntary manslaughter in Arnold killing

Nov. 19—Devon Askew doubled over and cried as a Westmoreland County jury read out a verdict that rejected his self defense claims in connection with a fatal shooting last year in Arnold.

Askew, 28, of Churchill, was convicted Friday of voluntary manslaughter, a verdict that neither the defense nor prosecutors originally sought, but one that could result in a 20-year prison sentence.

Jurors deliberated about seven hours over two days in the case in which Askew contended he was justified when he shot 34-year-old Richard Hildreth two times in the back as he fled from a Woodmont Avenue home that he broke in to on July 28, 2020.

Prosecutors argued Askew was guilty of first-degree murder for an intentional killing, a finding that would have resulted in a mandatory sentence of life in prison without the possibility of parole.

"Voluntary manslaughter means it was an intentional killing without malice," said Assistant District Pete Caravello. "Voluntary manslaughter can be a mistaken belief that deadly force is justified and maybe that's what they found here."

Defense attorney Ryan Tutera said Askew will appeal the verdict.

He suggested the jury may not have properly understood complicated legal concepts that govern self-defense claims through the use of the state's Castle Doctrine that permits deadly force to protect against an intruder on private property.

"The jury may have been confused and misapplied the law," Tutera said.

Witnesses during the five-day trial said Hildreth appeared to have been shot outside the home. Hildreth's body was found on the walkway in front of the residence and not far from two spent rounds. No shots were fired from inside the house, according to witnesses.

Throughout the trial, the defense portrayed Hildreth as a violent man who had previously threatened Askew with a gun and, a year before the shooting, assaulted his former girlfriend, with whom he fathered a daughter. Jocelynn Ivanco, the home's occupant, testified she did not see the shooting but that she and Askew were asleep together when they heard Hildreth break into the house.

Ivanco had a protection from abuse order against Hildreth, which was active at the time of the shooting.

Askew told police he fired a 9mm handgun to ward off Hildreth as he climbed through a window.

Askew did not testify during the trial.

Police said the gun used in the shooting was found in the home, hidden away in a shoe. Askew fled the scene following the shooting and turned himself to Arnold police hours later.

Westmoreland County Judge Meagan Bilik-DeFazio ordered Askew to remain in jail without bond pending a sentencing hearing that will be conducted in about three months.

Rich Cholodofsky is a Tribune-Review staff writer. You can contact Rich at 724-830-6293, rcholodofsky@triblive.com or via Twitter .