accused of gunning down Marcus Eggleston in July.
An Allentown man charged with killing a foe over a paternity dispute and
shooting the rival's mother failed to convince a Lehigh County judge to prevent
prosecutors from seeking the death penalty.
Judge Maria L. Dantos ruled this month that Uriah O'Carroll, 19, must face all
charges he's been slapped with and also could be put to death if convicted of
O'Carroll is charged with homicide for the July 19 killing of 20-year-old
Marcus Eggleston outside a College Street, Allentown home. He's charged with
attempted homicide and aggravated assault for allegedly grazing Eggleston's
mother, 42-year-old Sandy Lynn Falwell, in the head with a bullet.
O'Carroll is also charged with 7 counts of reckless endangerment for allegedly
putting 7 people in danger of being shot.
O'Carroll's attorney, public defender Richard Webster, argued in court
documents that 5 of the reckless endangerment charges should be dismissed
because 5 of the alleged victims did not testify at a preliminary hearing and
there was no evidence they were "placed in danger of death or serious bodily
injury" by O'Carroll.
Webster also asked Dantos to prevent prosecutors from seeking the death
penalty, saying there was no evidence that anyone besides Eggleston was placed
"at grave risk of death" as required under the aggravating circumstance
authorities have cited in their reason to seek the death penalty.
"To allow the within matter to proceed as a capital case violates defendant's
constitutional rights to due process based on the added time and expense
necessary to research and present mitigation evidence as well as the additional
time for individual jury selection," Webster argued.
Dantos shot down the requests, saying evidence shows O'Carroll allegedly shot
Falwell in the head and five bullet strikes were found to the outside of the
house and one was found inside the home — all near where people were standing.
Dantos said that evidence supports the allegation that O'Carroll placed all
seven people "in danger of death or serious bodily injury," thus providing
enough evidence for the reckless endangerment charges and the aggravated
circumstances needed for prosecutors to seek death.
The shootings occurred shortly after 11:30 p.m. in an alley between N. Fourth
and N. Fifth streets, outside 124 N. College St., police said. Emergency crews
performed CPR on Eggleston, but he died on the way to the hospital.
Falwell previously testified she was grazed by a bullet on the top of her head,
which she said severed an artery. She said she spent four days in the hospital
because of the wound.
She testified she has known O'Carroll for about a year because of issues her
son had with him over a woman, Raven Vining. Both men believed themselves to be
the father of her child.
She said that on July 19 she got a call from a friend who lives at the College
Street home asking her to get her son because he was possibly going to fight
with O'Carroll. She arrived at 10:30 p.m. and talked to her friend and others
for about an hour.
For some "unexplainable" reason, her son walked out of the house at 11:30 p.m.
and she followed him out, she testified. Once she got outside, she saw
O'Carroll was about 10 feet away from her son when he pulled a gun out of his
waistband and shot him in the chest, she testified. O'Carroll then turned the
gun on her and fired, knocking her back into the home, Falwell said.
(source: Morning Call)