Jan 31, 2003 By Patty Shultz 4 min read

A Uniontown law firm will move forward with a suit against a Bullskin Township man convicted of placing a pipe bomb in a Connellsville apartment that exploded and killed his ex-girlfriend, her daughter and their unborn child. Attorney James Davis said that although Joseph P. Minerd had not responded to the civil action filed last year by the parents of the slain woman, the firm has recourse to move forward.

“We will proceed consistent with the law,” said Davis on Wednesday.

Davis declined to comment as to what action is available to the family of Deana Kay Mitts; however, the notice attached to the suit states that if no response is forthcoming, the plaintiffs can ask that a judgment be made by the court.

“We could ask for a judgment,” acknowledged Davis.

According to the documentation filed Aug. 19 with the Fayette County Court of Common Pleas, Earl L. and Pauline Mitts are seeking damages stemming from the death of their daughter, her 3-year-old daughter, Kayla Ashley Mitts, and an unborn child, Jessica Ashley Mitts.

The lawsuit also lists Marissa Marian as a plaintiff in the case.

Marian resided in the adjoining Rose Square apartment occupied by the Mitts’ pregnant daughter and granddaughter when the explosion took place on Jan. 1, 1999.

Marian is seeking similar damages based on her injuries.

Minerd was convicted in May of maliciously damaging and destroying property by means of fire and explosion and was sentenced to life imprisonment.

In the suit, Earl L. and Pauline Mitts are seeking a jury trial to consider the three counts against Minerd, including survival action, wrongful death action and outrageous, heinous and savage conduct stemming from the incident.

In the survival action, the suit alleges Minerd is liable for the pain and suffering incurred by the three victims, estimated future earnings, retirement and other financial losses and the loss of pleasure and enjoyments of life.

The couple is also seeking reimbursement for funeral expenses, costs associated with their daughter and granddaughters’ injuries and death and deprivation and injury as a result of the loss of their family members.

Additionally, Earl L. and Pauline Mitts are seeking punitive damages associated with their severe and permanent grief, emotional anguish and mental suffering.

The lawsuit states the couple is seeking in excess of $25,000 for each of the three counts, but does not designate an exact sum.

Marian, meanwhile, is charging Minerd is liable for her loss of wages, medical bills relating to her injuries, loss of enjoyment and pleasures of life and future medical bills as a result of his wrongful acts, according to the lawsuit.

Marian is also seeking a jury trial.

According to testimony at the federal trial, Minerd wanted Deana Mitts to have an abortion after learning of the pregnancy. When she refused, family members and police speculate, he began to plot her death.

Both federal and local investigators testified that Minerd purchased bomb parts at a Scottdale hardware store and constructed the device that they speculated he planted in her home on New Year’s Eve.

When she and her daughter arrived home the following day, the bomb exploded and ignited a fuel that had been placed throughout the first floor of the apartment.

While initial reports theorized the explosion was caused by a natural gas leak, an end cap from the pipe bomb later discovered in the upper abdomen of Deana Mitts led investigators to believe it was not an accident but rather a premeditated crime.

Minerd’s legal counsel during the trial, attorney Richard Kammen, said he is not representing him in the current matter.

Minerd is incarcerated in the federal prison in Lewisburg, where he is serving his life sentence.