The Mercury (Pottstown, PA)

Woman convicted of manslaught­er sought veteran’s treatment court

- By Carl Hessler Jr. chessler@21st-centurymed­ia. com @MontcoCour­tNews on Twitter

NORRISTOWN » In an unusual request, a woman sought to be admitted to a veteran’s treatment court after she was convicted by a jury of assaulting her 96-year-old neighbor and inflicting an injury that resulted in his death.

Elisabeth “Libby” Floyd’s request was quickly denied by Montgomery County Court officials based on the “nature of offense,” according to court documents.

“At this time, your Veteran’s Treatment Court applicatio­n has been denied due to nature of offense,” veteran’s court administra­tors wrote in an Aug. 14 letter sent to Floyd.

Requests to be admitted to veteran’s treatment court usually are made before a trial occurs, during the early stages of a criminal prosecutio­n.

But Floyd, 35, of the 500 block of Marion Avenue, East Norriton made her request after a jury convicted her in March 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.

Establishe­d in April 2011, the veteran’s treatment court addresses the needs of veterans cycling through the court and prison system. Under the program, veterans are connected with community treatment services through the U.S. Department of Veterans Affairs while receiving appropriat­e dispositio­ns to their criminal charges.

Previously, testimony and court documents revealed Floyd was a veteran who had been treated by Veterans Associatio­n mental health officials in the past. As part of her previous bail conditions Floyd was ordered to “comply with all treatment recommenda­tions of her treating Veterans Associatio­n mental health profession­al.”

Floyd did not wage a mental health defense at trial. The defense strategy was that the victim’s injuries and death were the result of a fall that was not attributab­le to Floyd.

Floyd, who remains in the county jail while awaiting sentencing, will learn her fate on Sept. 20 when Judge Gail A. Weilheimer imposes the punishment. Floyd faces a possible maximum sentence of 12 ½ to 25 years in prison on the charges. However, state sentencing guidelines could allow for less jail time.

Under state 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.

The jury, after a four-day

trial and 13 hours of deliberati­ons, acquitted Floyd of a charge of third-degree murder, which required a finding of malice.

Assistant District Attorney Meghan Carney and co-prosecutor Robert Kolansky are handling the prosecutio­n. Floyd is represente­d by defense lawyer David Tornetta.

During the trial, Carney and Kolansky argued Payne’s death was a direct result of Floyd’s conduct.

But 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 during the trial 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.

 ??  ?? Elisabeth Anna Floyd
Elisabeth Anna Floyd

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