Woman convicted of manslaughter sought veteran’s treatment court
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.