Woman guilty in death of elderly neighbor
NORRISTOWN >> After more than 13 hours of deliberations over two days, a Montgomery County jury convicted an East Norriton woman of assaulting her 96-yearold neighbor and inflicting an injury that resulted in his death.
Elisabeth “Libby” Floyd, 35, of the 500 block of Marion Avenue, remained stone-faced as the jury convicted her of a misdemeanor charge of involuntary manslaughter and a felony charge of aggravated assault in connection with the September 2015 attack that ultimately led to the death of Alfred C. Payne, who authorities said died from complications of a hip fracture he suffered during the assault.
The jury, after a four-day trial, acquitted Floyd of a charge of thirddegree murder, which required a finding of malice.
Under law, a person is guilty of involuntary manslaughter when as a direct result of an unlawful or lawful act, in a reckless or grossly negligent manner, they cause the death of another person.
Floyd’s husband, Kelly, obviously overcome by emotion, darted from the courtroom as the verdict was announced and ran to a courthouse bathroom where he could be heard sobbing uncontrollably. Later, he was consoled by Floyd’s father and sister as they left the courthouse.
Two of Payne’s granddaughters were in court to represent their loved one as the verdict was taken.
Judge Gail A. Weilheimer, at the request of Assistant District Attorney Meghan Carney, imme-
diately revoked Floyd’s bail and Floyd was handcuffed by sheriff’s deputies for the trip to the county jail where she will remain pending sentencing.
Floyd faces a possible maximum sentence of 12½ to 25 years in prison on the charges.
Carney and co-prosecutor Robert Kolansky were pleased about the outcome.
“We respect the jury’s verdict. They took a lot of time to look over all the evidence, think about the testimony and really apply the law,” said Carney, adding Floyd was held accountable for her “violent actions against an elderly man.” “We will be seeking a lengthy sentence for the defendant to show the consequences of her actions.”
“We very much respect what the jury found today and we think it was the right outcome,” Kolansky added.
Earlier in the day, jurors implied they might be deadlocked and several times throughout the marathon deliberations they returned to the courtroom with questions about the law and requests to review certain exhibits, including an autopsy report.
During the trial, Carney and Kolansky argued Payne’s death was a direct result of Floyd’s conduct.
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.
During the trial, jurors heard directly from Payne whose sworn testimony was recorded three weeks before his death. Payne, his image presented on a large projection screen, was adamant that “the neighbor girl across the street” assaulted him on his driveway as he went outside to retrieve his morning newspaper.
Payne’s testimony was recorded Jan. 29, 2016, at The Meadows at Shannondell where Payne had been recuperating after undergoing hip surgery after the Sept. 21, 2015, assault. Payne, who proudly testified he was a World War II veteran, died on Feb. 19, 2016.
Payne, testimony revealed, consistently told paramedics, detectives and the doctors who treated him that his neighbor assaulted him.
On May 31, 2016, three months after Payne died, a forensic pathologist who reviewed autopsy reports and Payne’s medical records, 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.
But Floyd, an Air Force veteran who had medical training after spending time in Afghanistan and Iraq, testified on Wednesday that she observed Payne lying on his driveway and went to render aid. She adamantly denied attacking Payne.
Referring to medical records, Tornetta suggested Payne had numerous medical problems and previously suffered bouts of dizziness and fainting. Tornetta also implied Payne could have concocted the beating story to hide the fact he fell, fearing his family would place him in a nursing home.
But Payne’s children testified for prosecutors that their father hadn’t suffered fainting spells since he was fitted with a pacemaker in 2007.
Relatives testified Payne was very “independent” and that there had been no discussions about moving Payne to a nursing home. They also testified Payne was an honest man who would have revealed if he had simply fallen.
An investigation began about 7:35 a.m. when East Norriton police responded to Payne’s Marion Avenue home for a report of an injured person. Plymouth Ambulance personnel also responded and found Payne lying on the driveway of his home with visible injuries to his right arm and face. A walker that Payne routinely used was found near him, county Detective John Wittenberger and East Norriton Detective Anthony Caso wrote in the arrest affidavit.
Floyd’s husband, Kelly, testified he did not see Payne fall but went outside and observed his wife, topless, on the ground with Payne. Kelly Floyd testified he assumed Payne had fallen.
Elisabeth Floyd testified she was topless because she had taken her top off after it got wet while cleaning dishes at the sink that morning.
But Floyd’s husband did not refute that he told arriving police that he heard his wife screaming and “expected the worst,” knowing his wife was not in the house and being aware of her “recent behavioral changes.”