Woman on trial for killing elderly neighbor
NORRISTOWN >>
An East Norriton woman assaulted her 96-year-old neighbor, causing him to break his hip and later die, prosecutors argued to a jury as the woman’s murder trial got under way in Montgomery County Court.
“He passed away as a direct result of her ac- tions,” county As- sistant District Attorney Robert Kolansky argued as he looked in the direction of accused killer Elisabeth “Libby” Floyd in the courtroom on Mon-
day. “The evidence will show that the defendant’s conduct was reckless and grossly negligent.”
Floyd, 35, of the 500 block of Marion Avenue, did not react to Kolansky’s words and appeared calm during the first day of testimony. She faces charges of third-degree murder, involuntary manslaughter and aggravated assault in connection with an alleged September 2015 assault that ultimately led to the death of her neighbor Alfred C. Payne, who authorities said died from complications of a hip fracture he suffered during the assault.
Kolansky, who is assisting prosecutor Meghan B. Carney, argued statements given to detectives by Payne and Floyd will be corroborated
by physical evidence, all of which will support a conviction.
But defense lawyer David Tornetta argued Payne’s injuries and death were the result of a fall in his driveway that was not attributable to Floyd. Tornetta suggested Floyd observed Payne fall and went to render aid.
“Let’s talk about motive. There is none. They didn’t know each other,” Tornetta argued to jurors during his opening statement. “He went to pick up his newspaper and he fell over. The evidence will show my client did not cause the injuries to Mr. Payne.”
The trial before Judge Gail A. Weilheimer is expected to last several days.
A conviction of third-degree murder carries a possible maximum sentence of 20 to 40 years in prison. A conviction of involuntary manslaughter carries a possible
maximum sentence of 2½ to five years in prison.
Floyd remains free while on trial after posting $250,000 bail through a bail bonding company.
Prosecutors alleged Floyd acted with malice, which is an element of third-degree murder. An investigation began about 7:35 a.m. Sept. 21, 2015, when East Norriton police responded to the 500 block of Marion Avenue for a report of an injured person, according to the arrest affidavit filed by county Detective John Wittenberger and East Norriton Detective Anthony Caso. Plymouth Ambulance personnel also responded and found Payne lying on the driveway of his home with visible injuries to his right arm and lip.
“He was scared. He kept looking around. He was very upset,” testified Christopher Camarda, an emergency medical technician
with Plymouth Ambulance, adding a walker Payne used was found nearby.
Camarda testified that as emergency workers readied Payne for transport to a hospital Payne told them he was walking on his driveway to retrieve his paper and that he was pushed over and attacked by a woman.
“He stressed he was pushed over and beaten,” Camarda recalled.
Floyd, holding a vase of flowers, approached the ambulance while paramedics were attending to Payne, testimony revealed. Floyd allegedly stated, “I am sorry I hurt him,” according to prosecutors.
While prosecutors implied Payne’s injuries were the result of an assault, Camarda, under cross-examination by Tornetta, conceded Payne’s injuries also could be consistent with a fall.
Floyd, a mother of one, lived across the street from Payne with her husband.
Payne was transported to Einstein Medical Center where it was determined he was suffering from a hip fracture for which he underwent surgery.
When he was interviewed at the hospital Payne told authorities he went outside to retrieve his newspaper on his driveway and that “the lady across the street, who I never met, threw herself on me and began beating me up,” according to the arrest affidavit. Payne added he never did anything to Floyd or her family.
Kolansky revealed to jurors that during the trial they will view a videotape of a statement Payne gave to detectives before he died. On Sept. 25, authorities initially charged Floyd with aggravated and simple assault and harassment
in connection with the alleged attack. However, authorities added the murder-related charges when Payne died the following February.
Payne eventually was transferred to an extended care facility in Lower Providence.
“Alfred Payne was never able to regain his mobility,” Caso and Wittenberger alleged.
Payne died on Feb. 19, 2016, at the extended care facility and the investigation continued, which included an autopsy and a review of Payne’s medical records, court papers indicate.
On May 31, a forensic pathologist provided an opinion that the cause of Payne’s death “was failure to thrive due to complications of hip fracture” and the manner of death was ruled homicide, according to court documents.