Woman convicted in fire deaths plans appeal
One of two women convicted of involuntary manslaughter for leaving their three children alone when a fire swept through their home and killed the children has filed notice of appeal to the state Superior Court. Billie J. Ohler, through her attorney, Mark F. Morrison, filed the notice Tuesday in the Fayette County Clerk of Courts office.
Ohler, 24, was convicted of three counts of involuntary manslaughter in the Dec. 14, 2001, deaths of her two children, 8-month-old Rebecca Ohler and 2-year-old Gerald Younkin III, as well as 3-year-old Tomas Long. He was the son of Margie Povlik, with whom Ohler was living in Marion Villa apartments in Washington Township. Both women were convicted in the deaths of all three children and each was sentenced to one to three years in state prison.
The women left the children in the apartment, unattended, and left to look for Povlik’s boyfriend in the complex. He had Ohler’s cellular telephone, according to testimony at their trial.
The living room area of the house caught on fire, and Younkin and Long died at the scene. Ohler was taken to a hospital and died several days later.
The paperwork filed by Morrison did not specify the issues for appeal, only stated that he was going to appeal the verdict. Morrison did not represent Ohler at the trial, but did at her sentencing. The court documents filed indicated that Ohler could not afford to pay Morrison for his services, but said he was doing the work for free.
The paperwork was not accompanied by a request to let Ohler out on bond pending appeal. At the time of Ohler’s sentence last month, Judge Ralph C. Warman indicated that he would rule on such a request after a notice of appeal was filed. Ohler asked to be kept out of prison pending appeals, citing a young child at home and the pursuit of her nursing degree at Penn State Fayette.
Povlik has not yet filed an appeal.