Homicide trial against Local man set to start today
This morning, a jury of seven men and five women will begin hearing testimony in the criminal homicide case against a Grindstone man accused of killing his ex-girlfriend in 2004. If James VanDivner, 57, is convicted of first-degree murder, Fayette County prosecutors will ask the panel to return a death sentence in the July 5, 2004, shooting death of 41-year-old Michelle Cable.
State police trooper James Monkelis alleged that VanDivner shot Cable outside her Grindstone home, and also wounded her son, Billy.
In addition to criminal homicide, VanDivner also is charged with three counts of aggravated assault and two counts of attempted homicide.
Jury selection in the case stretched over two days because jurors in a death penalty case must be questioned individually. Jurors chosen Tuesday include a Brownsville sheet metal worker and a Georges Township housewife.
Additionally, two alternates were chosen in the event that any of the principal 12 jurors cannot sit through the entire case.
During questioning, prospective jurors were told that the case may go into next week, and prosecutors have listed 25 potential witnesses.
District Attorney Nancy D. Vernon and deputy district attorney Phyllis A. Jin are prosecuting the case. First Assistant Public Defender Susan Ritz Harper and deputy public defender Mary Campbell Spegar are defending VanDivner.
If the case goes into the penalty phase, attorney Dianne Zerega will handle that hearing on VanDivner’s behalf. During that phase, jurors would hear evidence of aggravating and mitigating factors in making the determination of sentence.
The trial will begin at 9:15 a.m. today before Judge Gerald R. Solomon.