Rendell signs execution order for local man
Gov. Edward G. Rendell signed an execution order for a Grindstone man on death row for killing his ex-girlfriend and shooting her son in 2004. The order comes less than one year after the state Supreme Court denied a request to reargue the appeal of James VanDivner, 61, who shot and killed Michelle Cable at her Grindstone home, and then shot her son, Billy, in the neck.
VanDivner was convicted of first-degree murder and other offenses, and sentenced to die by lethal injection in 2007.
Before his trial, VanDivner’s attorney argued that he could not face the death penalty because he is mentally retarded.
A U.S. Supreme Court ruling has precluded imposing the death sentence in such circumstances because it constitutes cruel and unusual punishment.
However, a Fayette County judge held that there was not sufficient evidence to show that VanDivner was mentally retarded before the age of 18. That is part of the legal standard for determining a claim of mental retardation.
The Supreme Court found that there was no reason to argue claims related to the mental retardation issue again because they had been fully argued in the past.
VanDivner shot Michelle Cable, 41, to death on July 5, 2004. Cable was outside her Grindstone home when VanDivner grabbed her by the hair and shot her behind the left ear in front of her adult daughter.
As he fled the home, VanDivner shot Billy Cable in the neck.
He survived the gunshot, but testified during the trial that he still had the bullet lodged in his back near his spine.
VanDivner then fled from police, and was caught two days later.
In addition to first-degree murder, VanDivner also was convicted of attempted homicide and aggravated assault.
The order was issued by Rendell, along with orders of execution for Anthony Fletcher, 54, of Philadelphia; Dennis L. Miller, 47, of Chester County; and Bryan Sean Galvin, 45, of Berks County.
VanDivner’s execution is scheduled for Aug. 17. He is currently incarcerated at the State Correctional Institution at Graterford.