Convicted killer now eligible for parole
NORRISTOWN >> More than 25 years after he fatally shot his neighbor, allegedly because “voices” told him to kill, a former Stowe man who had been sentenced to life imprisonment received a new sentence that makes him eligible for parole in three years because he was 17 at the time of the crime.
Ricky Maurice Roberts, now 43, was sentenced Friday in Montgomery County Court to a total sentence of 28 years to life in prison in connection with the June 7, 1993, fatal shooting of his neighbor Brenda J. Rhoades in her East Howard Street home.
“There’s nothing easy about this case. This is much more com-
plicated because of Mr. Roberts’ mental illness and the ability to control that mental illness,” said Judge Gail A. Weilheimer who had the task of devising a new sentence for Roberts.
Roberts, who previously was diagnosed with schizophrenia and an intellectual disability, was granted a resentencing hearing after the U.S. Supreme Court’s 2012 ruling that mandatory life sentences without the possibility of parole were unconstitutional for juveniles. In 2016, the high court said the ruling should be applied retroactively.
Regardless of Weilheimer’s sentence, it is up to the state Board of Probation and Parole to decide if Roberts is released at his minimum term. The sentence means Roberts will be eligible for parole in 2021 when he is 46 years old.
Even if Roberts is paroled one day, the maximum life sentence ensures that he will be under the supervision of state parole officials for the rest of his life.
“He needs supervision for the rest of his life,” said Weilheimer, who imposed the sentence after hearing three days of testimony this month from psychiatrists, prison officials and Rhoades’s relatives.
Rhoades’s relatives, who came to court with a framed photograph of Brenda, wept as the new sentence was imposed. Some of them previously testified they wanted Roberts to serve much more time in prison.
The judge made clear she is concerned about the safety of the community and Roberts’ mental health needs and his medication management outside the structure afforded to him by the prison setting. Testimony revealed Roberts receives an injection of medication twice a month to maintain his mental health.
“My concern is having him set up to fail. I’m not going to do that,” said Weilheimer, who listed several conditions she wants state parole officials to consider before releasing Roberts.
The judge required that Roberts only be released to a residential treatment facility. Weilheimer also ordered that Roberts undergo a psychological evaluation and that a medication management plan be established in writing before he is considered for release. Weilheimer ordered that Roberts receive life skills training prior to and after release.
Roberts, formerly of the 800 block of East Howard Street, pleaded guilty but mentally ill in November 1993 to a charge of general homicide in connection with Rhoades’s killing. Judge Bernard A. Moore subsequently convicted Roberts, 17 and a special education student at Pottsgrove High School at the time of the slaying, of firstdegree murder and sentenced him to life imprisonment without parole.
That sentence remained intact until the 2012 U.S. Supreme Court ruling set the stage for reconsideration.
Before learning his new sentence, Roberts turned to Rhoades’s family and apologized.
“I am sorry for what I’ve done. I’m a God fearing man. I pray every day for forgiveness. I understand what I did was wrong. I’m sorry for the loss of Miss Brenda Rhoades. I’m trying my best,” said Roberts, who testimony revealed has an IQ of 70.
Defense lawyers Carrie L. Allman, the chief homicide lawyer in the county public defender’s office, and Assistant Public Defender Daniel Theveny Jr. relied on the testimony of mental health experts and prison officials to support their argument for parole for Roberts. Allman argued for a sentence of 25 years to life.
“He has demonstrated increased maturity,” said Allman, pointing out Roberts obtained his GED, obtained jobs in prison and came to the recognition that he needs medication to maintain his mental health. “That shows brain development and maturity. We know that there’s hope… because we’ve seen rehabilitation and redemption in Ricky.”
During the hearing, psychologists testified Roberts “believed that he was one of the bad angels and that he was doing the devil’s work” at the time of the killing. But doctors said Roberts no longer has hallucinations or delusions, has matured after serving 25 years in prison and has complied with protocols for taking anti-psychotic medications to treat his schizophrenia.
In light of the Supreme Court ruling and guidelines established by higher courts, prosecutors essentially couldn’t seek the same life prison term without parole that Roberts received in 1993.
Assistant District Attorney James Price, referring to recommendations made by Pennsylvania courts for juvenile killers, argued for a sentence of at least 35 years to life. “This is not a typical juvenile lifer case,” said Price, adding typically in such cases officials concentrate on the maturity of the juvenile brain. “But this is about mental illness. He suffers from a severe mental illness and that’s lifelong. We’re talking about a mental illness you have no control over if not properly treated.
“If he does not stay medicated…it’s not a question if the voices come back but when,” argued Price. “The concerns here are very real as to the help he needs.”
Price said the facts of the crime were “absolutely chilling.”
Authorities said Roberts, who was living with his grandparents on East Howard Street at the time of the killing, confessed to shooting Rhoades once in the head with a .22-caliber handgun after going to Rhoades’ home under the guise of needing a cup of sugar.
During the 1993 trial, psychiatrists for both the prosecution and defense testified that Roberts was extremely dangerous and that he may be inclined to kill again without continuous mental health treatment. The doctors maintained Roberts was not insane at the time of the killing and that he was able to form the specific intent to kill, a requirement for a first-degree murder conviction.
During the re-sentencing hearing, psychiatrists, prison officials and social workers claimed mental health services, including halfway houses, group homes and counseling, do exist that can assist parolees in maintaining their medication protocols.
Javier Cintron, who manages parole agents for the state Board of Probation and Parole, testified on Friday that the Department of Corrections does have parole agents who specialize in supervising parolees with mental health issues and who can assist a parolee in obtaining treatment services and making sure the parolee takes medications as prescribed.
“That’s why the board exists, to make sure there’s that supervision,” said Cintron, adding sanctions, which could include reincarceration, can be imposed against a parolee who doesn’t comply with medication management requirements.
Christine Lavin, director of Justice Related Services in Montgomery County, testified her agency assists parolees who have mental illnesses reintegrate into the community by helping them find housing, employment and treatment services.
Witnesses appeared to agree that if Roberts is released from prison, he would still need “wrap around services” from a treatment team to ensure he continues to take his medications.