by justin strawser
DANVILLE - The Montour District Attorney will not seek the death penalty against a Danville man who pleaded not guilty earlier this week to killing his live-in girlfriend.
"The commonwealth must present to a jury certain aggravating factors that would outweigh mitigating factors," said D.A. Robert W. Buehner Jr. about the case of Westley Wise, who is accused of stabbing Jessica Frederick, 26, at their home at 508 E. Front St. on Jan. 24.
The aggravating factors, said Buehner, may include torture, multiple fatalities or victims over the age of 60 or under the age of 12.
He was considering the multiple stab wounds as torture, but compared the case to the 1989 decision by higher court overturning the Northumberland County death sentence of Robert Auker, who was charged with kidnapping his girlfriend from the Susquehanna Valley Mall and stabbing her 20 to 30 times to death.
"It's very similar to this case," said Buehner.
The county court found Auker guilty and sentenced him to death, but the Supreme Court reversed the punishment, saying the stabbing was a form of killing and not torture.
"If the Aucker case was not worthy of the death penalty, it would not apply to this case either," said Buehner.
He said his own personal belief on what should happen don't matter when considering the outcome of the Auker case.
Wise pled not guilty Monday before Columbia-Montour President Judge Thomas James Jr.
Wise was charged by Sgt. William Wilt III of the Danville Borough Police with the death of Frederick. She was a native of the Shamokin area and used to live with her grandparents, Veda and Albert Kopitsky, of Shamokin, before moving to Danville.
According to court documents, Wise admitted that he stabbed Frederick with a serrated steak knife in the throat and chest between 7 and 8 p.m. after an argument about their relationship. He had been drinking beer prior to the incident and took various medications after the stabbing.
He and their 21-month-old daughter spent 12 to 14 hours in the house with the body.
Buehner said the defense has the option to file several motions and expects them to file for a mental evaluation of Wise. They have 30 days from Monday to take action.
"Once those motions are filed, we will set a hearing date for the judge to hear those motions," he said.
Wise remains in Montour County Prison, where he is being held without bail.