Washington County DA revoking Swearingen case plea deal
WASHINGTON – Washington County District Attorney John Pettit Tuesday filed notice that his office is revoking a plea agreement with Debrah Levandosky, one of several minor defendants in the Ira Swearingen murder case. The 28-year-old Finleyville woman had been charged with receiving stolen property, conspiracy and theft of services in relation with the case.
In exchange for her testimony against Gregory Modery, who was one of the principal suspects in the murder, the district attorney’s office agreed to dismiss theft and conspiracy charges against her. She was to serve 60 days of house arrest for receiving stolen property, followed by 10 months on probation.
The deal also called for Levandosky to be placed on probation at the same time for theft of services and to make $30 restitution to the telephone company for a scheme in which Modery would call her collect repeatedly from the Allegheny County Jail. The two would talk during the period meant for confirmation of the charges.
Modery, 32, of McMurray, was convicted in October of first-degree murder in the December 1999 death of Ohio medical consultant Ira Eugene Swearingen.
Swearingen was on his way to Uniontown to assist with surgery when he was kidnapped, beaten, robbed and shot to death. His body was found in a remote area outside of Waynesburg by hunters nearly a year later.
Another primary co-defendant, Alexander Martos, 34, previously of Bentleyville and Monongahela, pleaded guilty to first-degree murder in February 2002 in exchange for a life sentence. Pettit had said he was seeking the death penalty against Martos and Modery. Martos confessed to being the triggerman, but said it was Modery who picked the spot for Swearingen’s murder.
The notice to revoke the plea agreement contends that Levandosky failed to uphold her end of the agreement by testifying at Modery’s trial in a manner more favorable to Modery than to the commonwealth. Pettit had pointed that out to the jury in his closing statement during Modery’s trial.
“Debbie Levandosky sat there on direct examination very tense, very nervous, very pale. When it came to cross-examination, did you see how relaxed she got? She now had a chance to help her friend,” Pettit said.
Levandosky testified that she, Martos, Modery and another codefendant, John Sebastian Shaker, had dinner at the Baltimore House on Dec. 13, the day after Swearingen was killed, but she said there was nothing unusual about the dinner. A waitress at the restaurant testified that the four were toasting one another, which Shaker also stated, but Levandosky denied. Shaker testified that everyone there was calling him Ira and he used Swearingen’s credit card to pay for the meal
Levandosky told Modery’s defense attorney Fred Rabner that her 13-year friendship with Modery would not influence the truthfulness of her testimony, even though it was a capital case.
Levandosky’s attorney, Neil Marcus, said his client did testify truthfully and he was surprised by the withdrawal of the plea agreement.
“My reaction is one of shock and surprise,” Marcus said upon learning of the withdrawal. “I believe she testified truthfully and consistently and she upheld her end of the plea agreement.”
Marcus said he couldn’t comment more on the case since he could be called as a witness.
Marcus said it was also unusual for the district attorney’s office to withdraw the agreement in a case in which it had won a first-degree murder conviction. Modery was sentenced Dec. 13 to life in prison.